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Full text of "Old-age pensions act, 1908. Together with the text of the regulations made thereunder dated 15th October, 1908, and official circulars and instructions for the guidance of pension authorities by the Local government boards of England, Scotland, and Ireland; annotated and explained, with historical introduction"

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OLD-AGE PENSIONS 
ACT, 1908. 

TOGETHER WITH 

THE TEXT OF THE REGULATIONS MADE THEREUNDER 

Dated \^th Ocioher, 1908, 

AND 

Official Circulars and Instructions for the 

Guidance of Pension Authorities by the 

Local Government Boards 

OF 

ENGLAND, SCOTLAND, AND IRELAND; 

Annotated and Explained, with Historical Introduction. 

Barrisier-at-Law, of the Son/h- Eastern ChniU, author of various 

works on Local GoTcrfiment^ iuciudin:^ the Edit, at ion .-Ici^ 19 2, 

Model Byelaws tinder the Publii Health Acts, etc. 



THIRD EDITION. 

ONE SHILLING NBT 
Stpongrly bound Cloth Edition, 2/- net. 



Xont)on : 

CHAS. KNIGHT & CO., Ltd., Local Government Publishers 

327-239, TOOLEY STKEICT, S.E. 

1908. 



CONTENTS. 



PAGE 
V 

viii 
ix 



Preface to Third Edition 
Preface to Second Edition 

Introduction 

Order of Proceedings ... 

Old- Age Pensions Act, 1908 . 

Old- Age Pensions Regulations ... 31 

APPENDIX A.— Circulars : 

Local Government Board (England), 4th August, 1908 ... 72 

4th August, 1908 ... 77 

2 1st August, 1908 ... 81 

loth October, 1908 ... 98 

27th October, 1908 ... 100 

Local Government Board (Scotland), 22nd August, 1908 ... 102 

14th October, 1908 ... 115 

29th October, 1 90S ... 117 

Local Government Board (Ireland), 8th August, 1908 ... 120 

22nd August, 1908 ... 128 

8th September, 1908... 130 

8th October, 1908 ... 132 

APPENDIX B : 

Financial Instructions for Pension Committees and Sub- 
Committees 134 

APPENDIX C : 

List of Local Authorities in England, Scotland and Ireland 

by whom Pension Committees will be appointed ... 139 

APPENDIX D : 

The Naturalization Acts, 1870, 1872 and 1895 148 

APPENDIX E : 

Form of Register .. 167 

APPENDIX F : 

Memorandum for Persons desiring to make Claims 171 

INDEX m 



192^01. 



PREFACE TO THIRD EDllTON. 



The second edition having become exhausted, and the 
Provisional Regulations made by the Treasury in conjunc- 
tion with the Postmaster-General and with the i.ocal Govern- 
ment Boards of England, Scotland, and Ireland, having been 
replaced by the permanent Regulations made on the 1 5th 
October, 1908, a third edition of this book was called for. 

As is explained in the Circular issued by the l.ocal 
Government Board on 27th October, the new Regulations are 
for the most part identical with the Provisional Regula- 
tions. Apart from a few alterations which are merely 
verbal, the following are the points on which the new Regu- 
lations differ from the Provisional Regulations :- - 

No. 19. Words have l>een added to paragraph (2) 
of this Regulation requiring that a committee on 
receiving notice of any decision of the Local Govern- 
ment Board on an appeal by a person aggrieved other 
than the claimant or pensioner, shall send information 
of such decision to that person as well as to the })cnsion 
officer and to the claimant or ])ensioner. 

No. 22. This Regulation has been slightly altered 
with the object of making it clear that the right of a 
su'b-committee to the use of offices of a local authority 
extends to any such offices in the area of the council 
of the county, borough, or urban district by whom the 
local penr^ion committee are appointed, and is not con- 
fined to offices within tlie area of the sub-committee. 



VI 



A proviso has also been added to paragraph (3) of 
the Regulation directing that, except with the sanction 
of the Local Government Board, a committee or sub- 
committee shall not hold a meeting on any licensed 
premises, nor shall any such premises be used without 
such sanction as an office of the committee or sub-com- 
mittee, or for any purpose of or incidental to their 
business. The sanction of the Local Government Board 
in any such case is only to be given when no other suit- 
able room is available, either free of charge or at a 
cost not exceeding the scale fixed by the Treasury. 
For the purpose of the Regulation, the expression 
" licensed premises " is defined by paragraph (4) of the 
Regulation to mean premises licensed for the sale of 
intoxicating liquor, and to include any club at which 
such liquor is supplied. 

No. 24. A proviso has been added to paragraph (2) 
of this Regulation, to enable the Local Government 
Board, in special circumstances, to authorise a smaller 
or a greater number of members of a sub-committee 
than that specified in the Regulation. 

No. 31. Some alteration has been made in para- 
graph (2) of the Regulation, with respect to the disposal 
of documents by the pension officers. 

No. 36. Paragraph (i) of this Regulation has been 
altered to bring it up to date. It requires that every 
council by whom a local pension committee has not 
already been appointed shall forthwith hold a meeting 
for the purpose of appointing such committee. 



Vll 

No. 38. This Regulation is new. It provides that 
everything done in pursuance of the Provisional Regu- 
lations shall, notwithstanding anything contained in 
the present Regulations, be deemed to have been 
validly done, and have full effect accordingly. 

The opportunity has been taken to amend and add to 
the notes to the various sections with a view of elucidating 
such points of difficulty as are likely to be raised during 
the early stages of the application of the Act. 

All important Circulars issued by the Local Government 
Boards of England, Scotland, and Ireland since the publica- 
tion of the second edition have been inserted in the present 
edition. 

W. A. C. 



Temple, 

2nd November, 1908. 



PREFACE TO SECOND EDITION. 



The first edition of this little book was hurried through 
the press at such speed that some mistakes were unavoid- 
able. The opportunity which the preparation of a second 
edition has afforded has been taken advantage of to correct 
any errors, and to add further matter. In view of some 
opinions which have been elsewhere expressed as to the mode 
of calculating the incomes of married persons, a special note 
has been added to section 4 (2), in whic'i it is pointed out 
that the total income of a married couple is not to be 
divided in every case, but is only to be divided for the 
purpose of providing a technical minim im income for one 
of the couple. Complete lists have been added to 
Appendix C, giving the local authorities in Scotland and 
Ireland by whom local pension committees are to be 
appointed, as well as those given in the previous edition 
for England. Additions have been made to Appendix D so 
that it now comprises the three Naturalization Acts of 1870, 
1872, and 1895. 

W. A. C. 

Temple, 

15th September, 1908. 



INTROr)TJCTXO:N^. 



It was on Thursday, the 7th May, 1908, that. the Right 
Hon. H. H. Asquith, the Prime Minister, in introducing 
the Budget, announced the intention of the Government 
to deal with the question of old-age pensions. This ques- 
tion has been made the subject of many proposals, but all 
of them were reported on adversely by Lord Aberdare's 
Royal Commission on the Aged Poor in 1895. Subsequently 
to that there were other proposals, and several Bills were 
introduced into Parliament, and these were considered by 
various committees in 1899, 1900, and 1903. Mr. Asquith 
told the House of Commons that whilst these inquiries had 
been proceeding other countries had been making experi- 
ments. The German system, which is one of compulsory 
State-aided assurance, has been in existence since 1889. 
Under it pensions averaging a little over £t 13s. a year 
are paid to insured persons of the age of 70 and upwards. 
The State contribution amounts to less than 40 per cent, 
of the whole, and it would seem that in 1907 not more than 
126,000 persons out of a population of over 52 millions were 
in receipt of old-age pensions. Legislation had been 
initiated in Denmark in 1 891, in New Zealand in 1898, and 
subsequently in New South Wales and Victoria. These 
systems, though differing widely in their details, have several 
important features in common. In the first place, they 
do not depend for their application cither upon voluntary 
or compulsory contribution on the part of the pensioner. 
In the next place, they are limited in ail cases to persons 
whose income or property is below a prescribed figure ; 
and, thirdly, in all cases they impose some test or other 
varying in stringency and in complexity, of character and 
desert in regard to such matters, for instance, as past 
criminality or pauperism. 



Mr. Asquith said "We have had to consider this matter 
very carefully, and the first conclusion at which we arrived was 
that all so-called contributory schemes must be ruled out 
They do not meet the necessities of the case. If the con- 
tribution which is to be the condition of a pension were left 
to the option of the would-be pensioner, the assistance of 
the State might be confined to a comparatively small class, 
and that not by any means necessarily the most necessitous 
or the most deserving class. On the other hand, if it 
were sought to make the contribution compulsory with no 
practical machinery in this country by which it could be 
worked, you would certainly have to face the hostility of 
many other competing bodies like the trade unions, friendly 
societies, insurance companies, and a host of others." 

Mr. Asquith proceeded to say that "As regards the 
amount of the pension, it has been generally agreed in this 
country that 5s. a week, or £1^ a year, should be the sum. 
Let me assume that the maximum of £1^ a year — and I 
prefer to speak of it as so much a year instead of so mucli 
a week — ^was to be awarded in all cases and to make no 
allowance, as you must do, for the differential treatment 
of married couples. The annual cost of providing pensions 
for the total number of pensionables — and I hope I shall 
be forgiven for that barbarous word — ^would work out thus. 
For persons over 65 the cost would be ;£ 12, 180,000; and 
for persons over 70 the cost would be ^£7,440,000. To both 
these figures you must add the cost of administration, esti- 
mated by the Hamilton Committee at 3 per cent. ; and the 
experience of New Zealand shows that that is an outside 
figure. On the other hand, there are certain heads of de- 
duction which ought to be taken into account in forming 
the estimate of cost. In the first place, it is reasonable 
to suppose that, through ignorance, inadvertence, and other 
causes a substantial proportion of persons legally entitled 
to pensions would not receive them. In the next place, 
married couples ought, when living together, to be pen- 
sioned at a lower rate than single people. The number 
of husbands and wives so living together over 65 years of 
age and upwards form about 26 per cent, of the total popu- 
lation at that age in any year; that is, roughly speaking. 



XI 

about a quarter, not more, of the total number of pen- 
sioners will receive not more than 3s. Qd., instead of 5s. 
per head, or £i^ 15s., instead of £\^ a year. Then, of 
course, there is another very important consideration. 
There must clearly be provision for the forfeiture or sus- 
pension of the pensions if they are shown to have been 
obtained by fraudulent misstatements, or if the pensioner 
is subsequently convicted of serious oifences. 

THE MAIN CONSIDERATIONS. 

" Now I will bring these various considerations to a head 
in a moment. We think, first of all, the financial situation 
admits of a substantial first step being now taken. We 
think next that the social and economic conditions of the 
United Kingdom are so different from those in other 
countries, like Denmark and New Zealand, which alone 
afford any relevant experience that has been obtained, that 
we ought in the first place to proceed with great caution 
upon lines which may admit of subsequent development; 
and we think, further, that the experimental eifort which 
we are about to make should be one of which, as far as it 
goes, we should from the first be able to foresee — I do not 
say with precision, but with reasonable accuracy — the 
ultimate cost, and thus avoid committing Parliament to a 
mortgage of indefinite amount upon the future resources 
of the country. The proposals that we make, having regard 
to these various considerations, are as follows: — First, the 
income limit, apart from pension, should be fixed at £2t 
a year, subject to reduction in the case of married couples 
living together from £^2 to j£39 per year. I say a year 
because, as many of these old people are in more or less 
casual employment, now with a job and now without one, 
it is very much better to take the whole income for the 
preceding year than the weekly income from time to time. 
Secondly, we think that the age limit, having regard to 
the figures which I quoted to the House a short time ago, 
at which a pension should accrue should in the first instance, 
at any rate, and for the purpose of our present proposal, 
be fixed at 70. Thirdly, there is no substantial difference 
of opinion, I believe, as to the amount of the pension, which 



Xll 

should be ^£13 a year, and in the case of married couples 
living together ;£9 15s. per head. Fourthly, we think that 
stringent conditions should be provided — and by stringent 
I mean effective — for forfeiture or suspension, following 
in the main those which prevail in New Zealand." 

The Bill was introduced shortly after the Budget Speech, 
and reached its Second Reading stage on the 15th June, 
1908. On moving that the Bill be read a second time, the 
Chancellor of the Exchequer (Mr. Lloyd George) explained 
the principles on which the Government had proceeded in 
framing the measure, and his speech contains practicallv 
all the arguments for and against the various schemes that 
have been propounded, including that which is embodied 
in the Bill. The Chancellor of the Exchequer said that 
a contributory scheme was impossible in this country, 
because it would practically exclude women from its benefits, 
and because "the majority of working men are unable to 
deflect from their weekly earnings a sufficient sum of money to 
make adequate provision for old age, in addition to that 
which they are now making for sickness, infirmity, and 
unemployment." In this speech the Chancellor of the 
Exchequer foreshadowed the changes which ultimately were 
made in the Bill by the introduction of a sliding scale, and 
he stated that the Government would not offer any strenuous 
resistance to the amendment of the Bill in that direction, 
and that he was quite prepared to give due weight to the 
considerations in favour of such a scale. (Parliamentary 
Debates, Vol. CXC, p. 569.) 

In the Committee Stage of the Bill amendments were 
subsequently made by which the slidiag scale set forth 
in the Schedule to the Act was adopted. (Parliamentary 
Debates, Vol. CXC, p. 1587.) 

The Bill rapidly passed through all its stages in both 
Houses of Parliament, and received thci Royal Assent on 
1st August, 1908. 

With regard to the various schemes for the provision of 
old-age pensions, a memorandum which has been prepared 



by the Local Government Board was issued as a Parlia- 
mentary Paper in July, 1907. [Cd. 3618.] 

This memorandum contains, firstly, a short account of 
the proposals which have from time to time been considered 
by the Royal Commission on the Aged Poor and by Par- 
liamentary and other Committees with the object of pro- 
viding pensions for aged persons ; secondly, a statement of 
the effect of the scheme for this purpose put forward by 
one of these Committees {Mr. Chaplin's) in 1899, and of 
the examination of the financial aspects of this scheme by 
the Departmental Committee of 1899- 1900; thirdly, an 
estimate of the cost of providing pyensions under certain 
schemes ; fourthly, an estimate of the possibilities of a re- 
duction in Poor Law expenditure under a scheme of old-age 
pensions ; and, finally, some notes of the existing informa- 
tion as to the classes of persons at present in receipt of pen- 
sions or superannuation allowances from various sources. 

In this memorandum, from which much of the following 
matter is taken, it is stated that although various pension 
schemes for the aged poor in this country have been pro- 
pounded and considered between 1893 and 1903 — som-e of 
a universal kind, some on a basis of insurance (with or 
without an element of compulsion), and others involving 
special conditions, limiting the number of possible pen- 
sioners — there is, as yet, no scheme which has, after con- 
sideration by a Parliamentary Committee, taken so definite 
a shape and reached so authoritative a position as that 
favoured by the Select Committee of 1899 (Mr. Chaplin's), 
and virtually adopted, with modifications, by the Select 
Committee of 1903. 

It is, therefore, of moment to refer to the question of 
the numbers which might now he pensionable under that 
scheme, having regard to the investigations made by the 
Departmental Committee of 1899- 1900. Further, the oppor- 
tunity is taken of making some observations on points 
affecting the matter, such as the number and growth of the 
aged population. 



XIV 

The main task of the Departmental Committee of 1899- 
1900 was to arrive at an estimate of the cost which the 
scheme of the Chaplin Committee, if put into operation, 
would involve. For this purpose the Departmental Com- 
mittee took the means set out in their report to arrive, first, 
at estimates of the total number of the aged (various age- 
periods and dates being dealt with), and, secondly, at the 
numbers who would be disqualified from a pension, on the 
various grounds specified in the scheme. The residue of 
the aged population wculd represent the possible pensioners. 



Applying the estimates of the^ Departmental Committee 
of 1 899-1900 to the present time, it has been calculated 
that in the United Kingdom, out of a total population of 
the age of 65 years and upwards probably numbering some 
2,116,000 in 1907, there would be about 686,000 persons 
qualified for a pension, leaving about 1,430,000 persons of 
pensionable age who would be disqualified on one or other 
of the grounds specified in the scheme of Mr. Chaplin's 
Committee. 



As regards population, tables show the number of persons 
of 65 years and upwards as enumerated at the census of 1901, 
and as estimated for the middle of 1907 In the enumerated 
population of the United Kingdom (1901) the number of 
persons 65 years of age and upwards was 2,018,716, or about 
5 per cent, of the total population of all ages. The popu- 
lation at later ages decreases rapidly ; the number of persons 
70 years and upwards being but little more than one-half the 
number over 65, viz., 1,205,000, while it was less than a 
third at 75, viz., 600,000. Women were in excess of men, 
their number being in the proportion of 1.27 to one man 
for the population aged 65 years and upwards, and in the pro- 
portion of 1.37 to one man at the age of 75 years and upwards. 
Nearly one-third of the whole number of persons aged 65 
years and upwards in England and Wales in 190 1 were living 
in rural districts, the number of aged persons in rural districts 
being a larger factor in the general population of those 
districts than is the case in urban districts. 



XV 



AGE LIMIT. 
As to age limit, it may be noted that this has been set 
at 65 years by most of the Bills promoted in regard to pension 
schemes and by each of the Committees which have con- 
sidered the subject. The same age limit is fixed by the 
statutes governing the grant of State pensions in New 
Zealand. Lord Rothschild's Committee, indeed, remarked 
in their report that they felt that once a scheme of old-age 
pensions had become operative, the limit of 65 might be 
hard to maintain. It will be obvious that any reduction 
of the age limit would bring a largely increased number 
of persons on the pension list. 

A suggestion was made by the Select Committee on the 
Aged Pensioners Bill, 1903, to the effect that if a pension 
scheme with an age limit of 65 were not feasible, on account 
of the cost of such a scheme, it would be possible at the 
outset to raise the limit. Calculations with the object of 
ascertaining the number qualified for pensions at later ages 
under the proposals of Mr. Chaplin's Committee were made 
by the Departmental Committee of 1899, and these calcu- 
lations have been revised for the present year. It is 
estimated that, at the present time, of the whole number 
of 2,116,000 persons aged 65 years and upwards, 1,254,000 
are 70 years and upwards, and 635,000 aged 75 years and 
upwards. If the age limit were raised from 65 to 70 the 
estimated number of possible pensioners would be reduced 
by nearly 44 per cent., viz., to 387,000, and if raised to 
75 the number would be reduced by about 72 per cent., 
viz., to 190,000. 

INCOME TEST. 

In the case of income, the estimate was obtained by the 
only means practicable for the Committee, i.e,^ a test census 
carried out by means of a house-to-house visitation of certain 
districts in England and Wales, and Scotland, selected as 
approximately representative of the general population. 

The statement of income given by the person visited was 
necessarily accepted, though the Committee remarked on 
the liability to understatement of income as affecting both 



their own estimate and the practical working of any similar 
investigation under a pension scheme of the kind con- 
sidered. If it may be assumed that some material under- 
statement of income occurred in this census, but that facts 
as to income could be more correctly ascertained under 
a pension scheme in operation, there should be some re- 
duction on this account in the estimate of the numbers 
pensionable. The facts would obviously be difl&cult to 
ascertain in the case of earnings derived from casual 
labour, which would necessarily constitute a large propor- 
tion of the work performed by aged persons. 

Women, whose numbers amounted to nearly 56 per cent, 
of the aggregate number of persons visited in the English 
districts selected, were treated as independent persons in 
respect of income, but the numbers who were married were 
separately tabulated. Out of 3,282 women aged 65 and 
upwards who were found to have incomes of los. a week 
or less and not to be in receipt of poor relief, 1,213, or 
37 per cent., were returned as married. Many of these 
would possibly be wives of men who had incomes of more 
than los. a week. In this connection it must be noticed 
that the Aged Pensioners Bill, 1903, provided that to qualify 
for a pension, in the case of a married couple, the joint 
income of a husband and wife must not be in excess of 
15s. a week, and there can be little doubt that had the 
census taken by the Committee of 1899 been framed on 
this basis, the results would have shown a considerably 
higher number as disqualified for pensions. The census 
of 1 901 (England and Wales) showed that out of the whole 
number of 1,518,000 persons aged 65 and upwards, 398,686, 
or 26 per cent. (199,343 couples, both husband and wife 
in each case being over 65 years of age), were returned as 
married couples living together. It may be noticed that 
under the New Zealand scheme there were, in 1905, 1,035 
married couples (2,070 persons) out of an aggregate of 
11,138 pensioners 65 years of age and over, or 19 per cent, 
of the latter number. The position of women generally 
as regards the income test and the pension allowance would 
probably deserve separate attention if any scheme of pen- 
sions were put in operation. 



XVI 1 

It is not clear how far or in what manner the Committee 
considered, under the head of income, benefits distinct from 
cash receipts, though in taking their census they en- 
deavoured to obtain information on the subject. The value 
of a cottage in the free occupation of an applicant, whether 
belonging to him or not, should under a pension scheme 
imposing a limit of income doubtless be taken into account. 
The value of property, as well as income, possessed by 
an applicant is required to be considered under the Danish 
and New Zealand systems of old-age pensions. 

A suggestion was made by the Committee on the Aged 
Pensioners Bill, 1903, that if the scheme embodied in that 
Bill were not immediately practicable on account of the 
cost involved, it would be possible in the first instance to 
reduce the amount of weekly income, the possession of which 
should disqualify for a pension. The results, as regards 
England and Wales, of the test census, undertaken by the 
Departmental Committee of 1899, show that a large number 
of persons were returned as having incomes verging on the 
limit of los. a week, and that, had the income limit been 
fixed at 7s. 6d. a week instead of los., the effect would 
have been to exclude about 45 per cent, of the aged popu- 
lation from the receipt of pensions, instead of yj per cent., 
as estimated by the Committee. 

POOR LAW RELIEF TEST. 

The Departmental Committee estimated that nearly 26 per 
cent, of the population 65 years of age and upwards in the 
United Kingdom, and 27 per cent, in England and Wales, 
might be taken as having at some time in the previous 20 
years received poor relief, other than medical relief. The 
estimate was based partly on the results of the test census 
above referred to, and partly on returns relating to the 
number of persons relieved in the course of a whole year. 
No attempt was made to distinguish the number of persons 
who might have had relief under exceptional circumstances. 
This class was, under the proposals of Mr. Chaplin's Com- 
mittee, exempted from the disqualification attaching; to the 
receipt of poor relief, but the report of that Committee 



XVlll 

contained no definite suggestions as to the " circumstances " 
which, for this puqDOse, might be regarded as "excep- 
tional." The Select Committee on the Aged Pensioners 
Bill, 1903, recommended that a definition of the expression 
should be inserted in the Bill, though they did not state 
what it should be. Such a definition might be difficult 
to frame ; but it is clear that, if one were put in operation, 
it might lead to a distinct increase in the numbers pension- 
able. 

The suggestion made by the Committee on the Aged 
Pensioners Bill, 1903, that persons qualified by age for 
the receipt of pensions who were in receipt of Poor Law 
relief at the time of the passing of the Act, but who had 
not received any such relief for 20 years before reaching 
the age of 65, should be exempted from disqualification, 
would also reduce, perhaps considerably, the number of 
persons estimated by the Departmental Committee to be 
disqualified by the receipt of relief. 



THRIFT TEST. 

The estimate of the number of aged persons who would 
fail to satisfy the pension authority that they had exercised 
thrift was also entirely hypothetical. The Departmental 
Committee considered that " when all persons who have been 
or are, partly or wholly, constantly or casually dependent 
on the rates, are rejected as ineligible for pensions, very 
nearly full account will have been taken of those who would 
fail " in one way or another to secure this qualification. 

In regard to these estimates, generally, it is obvious that, 
under a scheme involving elaborate investigation into the 
character and past history of applicants, any calculation 
of the number of persons who might at the outset have to 
be provided for would be liable to be gravely affected by 
the degree of accuracy in its inquiries that the pension 
authority was able to secure. 



MX. 

ESTIMATES OF COST OF SCHEMES. 

In estimating the cost of schemes for the provision of old- 
age pensions regard must be had not only to the immediate 
cost, but also to the expenditure which will probably be 
involved at a more remote date, subsequent to the inception 
of the scheme. 



UNIVERSAL OLD-AGE PENSIONS. 

The total number of persons aged 65 and upwards in 
1907 being estimated at 2,116,000, the cost of granting a 
pension of 5s. a week to all persons of this age without 
distinction, would, at the outset, amount for the United 
Kingdom to j£27, 508,000, apart from the cost of adminis- 
tration. This amount would be equivalent to a poll-tax of 
about i2s. 6d. per head on the total estimated population 
(1907) of the United Kingdom. The cost of pensions 
granted universally to persons of 70 years and upwards 
would amount to ;£ 16,302,000, the estimated numbers at 
that age being 1,254,000. 

The cost at a later date, after the scheme had become 
operative, would be affected only by the natural growth of 
the aged section of the population, and in 1921 might be 
estimated at j£30,632,ooo for all persons 65 years of age and 
upwards. 

SCHEME OF MR. CHAPLIN'S COMMITTEE. 

The immediate cost of the scheme framed by Mr. 
Chaplin's Committee of 1899, on the estimates arrived at 
by the Departmental Committee of the same year, would 
be for 1907, assuming the age limit to be 65 years, 
;£8,o29,ooo for England and Wales, and ;£ 10,780,000 for the 
United Kingdom. Raising the age limit to 70 years, the 
cost works out at ;£4, 444,000 for England and Wales, and 
;£6, 119,000 for the United Kingdom. If the limit were 
fixed at 75 years the cost would be about ;£2, 223,000 for 
England and Wales, and j£3,033,ooo for the United 
Kingdom. 



.XX 



AMOUNT PAYABLE IN PENSIONS. 

The estimates in the preceding paragraph comprise both 
the amount to be given in pensions on the basis of the 
numbers assumed to be pensionable and the cost of ad- 
ministration, which, in the case of the scheme applicable 
to persons 65 and upwards, is taken at 3 per cent, on the 
amount of the pensions given. 



In regard to the amount of actual pensions, which for 
1907 is calculated at j£ 10,466,000 on an age limit of 65 
years, the Departmental Committee assumed an average pay- 
ment of 6s. a week {£1^ 12s. a year), on the ground that 
the pension was to range between 5s. and 7s. a week. This 
margin was allowed by Mr. Chaplin's Committee to meet 
differences in the cost of living in various localities, and 
the pension scale in any given district was to be fixed by 
the pension authority. A fixed amount of 5s. a week {£1^ 
a year) has been assumed in a very large proportion of 
the schemes and of Bills introduced in Parliament, and has 
been recommended by resolutions of trade and friendly 
organisations. Had this smaller fixed amount been assumed 
in the calculations of the Departmental Committee, the 
amount which would, on their estimate of the numbers 
pensionable, have to be distributed by way of pensions in 
1907 would be for the United Kingdom ;£8,924,ooo. It 
should, however, be noticed that the Committee on the Aged 
Pensioners Bill, 1903, were disposed to depart from the 
fixed scale of pensions, and recommended that it might be 
well to intrust the pension authority with a discretion as 
to amount, so that the pension awarded may not be so 
reduced as to deprive applicants of the fruits of their own 
thrift. The Committee did not, however, suggest that the 
amount of pension should be proportionate to the needs, 
or means, of the applicants. 



The aggregate amount to be distributed in pensions 
would be slightly reduced if a lower rate of pension were 



accorded to married couples as suggested in the evidence 
taken before the Committee on the Aged Pensioners Bill, 
1903. The number of husbands and wives, 65 years of age 
or upwards, residing together, as ascertained for England 
and Wales in 1901, formed 26 per cent, of the total popu- 
lation of 65 . and over ; and if the same percentage be 
assumed to apply to the whole number of persons estimated 
to be qualified for pensions in 1907 (viz., 686,000), and a 
reduced allowance of 9s. a week instead of 12s. be assumed 
for each married couple, the aggregate amount to be dis- 
tributed in pensions in 1907 to persons 65 years and upwards 
would be reduced by over ;£695,ooo. 

The amount to be given in pensions would again be 
reduced by the extent to which the number of persons having 
incomes above the income limit were found in practice to 
be actually higher than the estimate formed by the Depart- 
mental Committee. The estimated cost, however, was cal- 
culated so as not to give an unduly magnified idea of the 
cost of the scheme. 

The above estimates relate only to tue immediate cost 
of a pension scheme. Any estimate of the cost of this 
scheme some years after its introduction must be quite 
hypothetical. The Departmental Committee, in their esti- 
mate, went on the view that a progressive decrease in the 
number receiving Poor Law relief would be the only factor 
— beside the normal increase of the aged population — that 
need be taken into account as tending to increase the 
number pensionable, and the gross amount of the pensions, 
and on this supposition the total cost in 1921 would amount 
to ;£ 1 4,878,000, on a scheme inaugurated in 1907 at a cost 
of ;£ 1 0,780,000. 



SOURCES FROM WHICH COST SHOULD BE DEFRAYED. 

As to the sources from which the cost of any pension 
^chen^e §houlc[ be defrayed, it may be pointec;! out that su[b- 



XXll 

vention by the State is assumed in all the schemes con- 
sidered. Mr. Chaplin's Committee proposed an Imperial 
grant, to be distributed among the several Poor Law unions, 
the amount of which was not to exceed one-half of the 
estimated cost of pensions. But the grant was to be dis- 
tributed on the basis of population ; so that the burden 
on the rates in the case of any given union would bear 
no necessary relation to the cost of pensions in that case. 



Both the scheme to which least objection was taken by 
Lord Rothschild's Committee, and the scheme embodied in 
the Aged Pensioners Bill, 1903, contemplated that about 
half the cost of each pension should fall on the local rates. 



In connection with the arrangements for a grant from 
Imperial sources, it would be necessary to bear in mind 
the observation of the Committee on the Aged Pensioners 
Bill, 1903, to the effect that any "temptation to relieve the 
rates by the grant of pensions instead of Poor Law relief 
might lead to grave abuses." The extent of any induce- 
ment offered to the pension authority to exercise care in 
the grant of pensions would be a matter of importance, and 
might seriously affect the general cost of the scheme. 



The probable incidence of the charge upon rates as 
between urban and rural areas under a scheme of old-age 
pensions deserves attention. Taking a scheme of old-age 
pensions based on proposals under which 30.9 per cent, of the 
population aged 65 years and upwards in England and Wales 
would be pensionable, and assuming one-half the cost of 
the pensions to be met by a grant from Imperial sources, 
the following table shows approximately the comparative 
incidence on the rates in urban and rural areas in England 
and Wales of the half cost assumed to be directly charged 
to rates. The cost of administration is not included, nor 
does the table deal with the ultimate effect on rates, of 



XXIII 



any possible distribution of an Imperial grant on the basis 
of population : — 



(0 



Numbers of persons aged 

65 years and upwards 

in 1907. 



Estimated cost of 
pensions. 



Estimated 

total 
numbers. 



(2) 



London and ' 1,083,000 

provincia 1 

boroughs and 

other urban ' 

districts. 
Rural districts- | 



533»ooo 



Total 



! 1,616,000 



Numbers 
assumed 
to be pen- 
sionable. 

(3) 



Amount. 



One-half to 
be borne by 
local rates. 

(5) 



I Rate in 
; the £, 

amount 
in ■ 

column 
5. on 

aggre- 
gate 

assess- 
able 

values 

(1906) 
(6) 



335»ooo 



165,000 



500,000 



£ 
5,650,000 



2,145,000 



7,795,000 



2,825,000 I 



d. 
4*5 



1,072,000 5-9 



3,897,000 4*8 



* Based on the assumption that the proportions of the total population aged 65 years 
and upwards living in urban and rural districts are the same in 1907 as in 1901, viz., 
67 per cent, and 33 per cent. respecti\ ely. 

t Calculated on a pension of 5s. per week for rural districts (Cp. par. 95, Cd. 
Paper 67, 1900), the amount shown for urban districts being the difference between 
the amount for rural districts calculated on this basis and the total sum of ;C7,795,ooo 
estimated to be the total cost for England and Wales. 



POOR LAW EXPENDITURE: POSSIBILITIES OF 
REDUCTION UNDER A SYSTEM OF OLD-AGE 
PENSIONS. 

Some reduction in the expenditure on Poor Law relief 
ha? usually been assumed, whether as an immediate, or a 
more remote, result of schemes of old-age pensions. 



INDOOR RELIEF. 



There appears to be a general agreement in the reports 
of the various Committees, who have considered the ques- 
tion of old-age pensions, that the cost of indoor relief would 



XXIV 

be practically unaffected by the operation of a pension 
scheme. The Royal Commission on the Aged Poor observed 
that "except in crowded urban areas the great majority of 
aged poor in receipt of relief are given outdoor relief, while 
those receiving indoor relief are usually persons for whom 
it is necessary for substantial reasons." Mr. Chaplin's 
Committee reported that "the evidence is clear that the 
majority of the inmates of the House are in that position 
because of sickness or infirmity, which obliges them to 
accept the shelter of such an institution." From a return 
obtained as to aged paupers in England and Wales on the 
I St September, 1903, it appeared that out of nearly 96,000 
inmates of workhouse institutions over 60 years of age, about 
61 per cent, were, in the opinion of the medical ofl&cers, 
unable, owing to physical or mental infirmity, to satis- 
factorily take care of themselves. Finally, inquiries insti- 
tuted for the Committee on the Aged Pensioners Bill, 1903, 
in 21 Poor Law unions in England and Wales showed that 
(apart from those who, in the opinion of the workhouse 
medical officers, could not satisfactorily take care of them 
selves) only 14 per cent, of the ^ total number of inmates 
over 65 years of age could live on a pension outside the 
workhouse with relatives having suitable accommodation for 
them, and only 10 per cent, were willing to do so. This 
Committee reported that "the reduction on Poor Law ex- 
penditure will be considerably less than has often been repre- 
sented, inasmuch as the proportion of the aged poor who 
are now, or may in future be, in the workhouses, who could 
with advantage to themselves live outside with the aid of 
a pension will probably be found to be very small." 

If of the present number of inmates aged 65 years and 
upwards of workhouse institutions in England and Wales 
(about 76,000) 10 per cent., or about 7,600, were assumed 
to leave the workhouse on satisfactory terms, the result 
would be that the workhouse population per union would 
be reduced on an average by only 12 persons, or there- 
abouts, the total average number per union of indoor 
paupers (all ages) in workhouses and workhouse infirmaries 
at the present time being about 359. The withdrawal of 
this small number of persons would leave the expenditure 



XXV 

on indoor relief, except in respect of actual food and 
clothing, practically unaffected. 

It may be noticed also that the proposals of Mr. Chaplin's 
Committee which, according to their report, "must neces- 
sarily include substantial amendments in the Poor Law," 
comprised suggestions for the provision of separate cottages 
in connection with the workhouse for the aged poor, and 
it will be obvious that the provision of special accommo- 
dation of this character would tend to increase the total 
expenditure on indoor relief. 

OUTDOOR RELIEF. 

It may be assumed, therefore, that the only appreciable 
saving in Poor Law expenditure would be in that portion 
which relates to outdoor relief. Out of an aggregate ex- 
penditure for England and Wales on poor relief for the 
year 1904-5 amounting to about ;£i3,852,ooo, ;£3, 265,000 
represented the value of the outdoor relief distributed, and 
;^532,ooo the salaries of officers and minor incidental ex- 
penses connected with the administration of outdoor relief. 
If the average amount of out-relief given to aged persons 
in England and Wales may be taken to be about 3s. a week 
(as mentioned in the report of the Departmental Com- 
mittee of 1899-1900), and if the same average number of 
outdoor paupers aged 65 years and upwards be assumed 
to have been in receipt of relief in England and Wales in 
the year 1904-5 as were shown by the return of aged persons 
in receipt of relief on the ist September, 1903, it would 
appear that in 1904-5 about ;£i, 630,000, or 50 per cent, of 
the total out-relief, was distributed to poor persons aged 
65 years and upwards. 

The total amount distributed in out-relief in the United 
Kingdom in 1904-5 was about ;£4,o 14,000, but there is no 
means of stating precisely the proportion of this amount 
which was distributed to aged poor. The Departmental 
Committee of 1899 computed that about ;f 1,858,000 repre- 
sented the annual cost of outdoor relief to paupers 65 years 
of age and over in the United Kingdom. 



The proposals of Mr. Chaplin's Committee, with the 
modification suggested by the Committee on the Aged 
Pensioners Bill, 1903, would have excluded from pensions 
all who were in receipt of outdoor relief, other than merely 
medical relief, at the time of the passing of the Act, except 
those who had not received relief between the ages of 45 
and 65. Under this scheme probably there would be little 
or no immediate saving in the Poor Law expenditure. Any 
reduction of outdoor relief after the passing of the Act 
would be effected only by the inducement offered under the 
scheme to poor persons to avoid Poor Law relief in the 20 
years prior to their reaching 65 years of age, and by the 
diversion of existing charities with the object of assisting 
persons to this end. A similar process is stated to have 
occurred in Denmark under the pension system there in 
operation. The Departmental Committee of 1899 estimated 
that the number of persons who would become qualified for 
pensions in place of receiving outdoor relief would, by 191 1, 
be a number equivalent to one-third of the computed 
numbers of aged outdoor paupers in 1899 {i.e., about 85,000 
persons), and by the year 1921 a number equivalent to two- 
thirds {i.e., 171,000 persons), and that thus a reduction in 
the cost of out-relief would be effected, amounting for the 
United Kingdom to ;£6i9,ooo in 191 1, and ;£i, 239,000 in 
1921. Their data, however, were admitted by them to be 
purely hypothetical. 

Under schemes of a wider scope than that proposed by 
Mr. Chaplin's Committee, and embodied in several Bills 
that have been submitted to Parliament — see, for instance, 
the Old- Age Pensions Bill, 1903 — no disqualification has 
been attached to the receipt of Poor Law relief. The saving 
in regard to expenditure on out-relief as such would, of 
course, under such schemes, be immediate and more con- 
siderable than that estimated above. Thus, taking the cost 
of relief given to aged outdoor poor in the United Kingdom 
to be about ;£i, 858,000, as computed by the Departmental 
Committee of 1 899-1900, it might be assumed that this 
amount would, under such a scheme, be saved so far as 
Poor Law expenditure was concerned. The saving in the 
cost of relief effected under a scheme of this character would 



not, of course, become progressively greater by process of 
time, and the immediate cost of the pensions granted would 
be greater than the saving in relief effected. 

In regard to any possible saving in the cost of outdoor 
relief caused by a scheme of old-age pensions, it must be 
observed that some part of the cost of this relief consists 
of medical relief, which is more particularly necessary in 
the case of the aged, and it is unlikely that the cost to the 
Poor Law of medical relief would be diminished. Under 
the proposals of Mr. Chaplin's Committee, and those ap- 
proved by the Committee on the Aged Pensioners Bill, 1903, 
Poor Law medical relief might continue to be given without 
involving any disqualification for a pension. 

Finally, in any saving of Poor Law expenditure, urban 
and rural unions would be somewhat differently affected. 
The number of paui>ers 65 years of age and upwards, in 
proportion to the total population of the same age, varies 
greatly in different parts of the country, and the number 
is usually higher in rural than in urban areas. Thus, in 
50 urban unions in England the number of paupers of this 
age on ist September, 1903, who were in receipt of relief 
was 18 per cent, of the total population of the same age, 
while in 50 rural unions the proportion for the same class 
was 21 per cent. Assuming the same proportion of aged 
paupers to become pensionable in urban as in rural districts 
(either at the outset, or at a more remote date, according 
to the provisions of the scheme adopted), any saving, so 
far as Poor Law expenditure is concerned, might be ex- 
pected to be greater in the case of agricultural districts 
than in that of towns ; though, against this, as already 
pointed out, there might be a heavier charge for pensions 
in rural districts. 

The foregoing particulars are mostly taken from the 
Parliamentary Paper No. 3618 (1907), and there is much 
additional information in that Paper in the form of tables 
which may usefully be consulted. In particular, there are 
the tables relating to a test census in regard to the incomes 
of persons 65 years of age and upwards, which was insti- 



xxvm 

tuted by the Departmental Committee on the Aged De- 
serving Poor in 1899. 

The Old-Age Pensions Regulations were signed on the 
same date, namely, the 20th August, 1908, by the Lords 
Commissioners of His Majesty's Treasury and by the Post- 
master-General, and they were sealed by the Local Govern- 
ment Boards of England, Scotland, and Ireland also on that 
date. They are, therefore, now in force throughout the 
whole of the United Kingdom. 

In conclusion, it may be well to point out the effect of 
the Financial Instructions for Pension Committees and Sub- 
Committees contained in the Treasury Minute of 20th 
August, 1908. Clerks to committees will be paid by fees, 
which are to be fixed by the pension committee, and are 
to be inclusive of out-of-pocket expenses. The fees are of 
two kinds — (i) those for general incidental expenses, in- 
cluding office accommodation, and (2) for claims and ques- 
tions dealt with by the committees. Clerks will use official 
forms which will be supplied free of charge, and 
will be entitled to free transmission through the 
post for the greater part of their correspondence. 
The fees payable to clerks for incidental expenses 
are intended to cover stationery, postages, and inci- 
dental expenses generally. It is well to bear in mind 
that although during the month of September there will 
be much preliminary work in organising committees and 
sub-committees, and in making preparations for the con- 
sideration of claims, no fee will be payable in respect of 
any period prior to the ist October. Committees must 
transmit to the Treasury, through the clerk of the appointing 
council, complete schedules of the fees approved for each 
clerk, and whenever any alteration is made in a schedule 
of fees the whole schedule, as altered, and not merely the 
particular alteration, must be sent to the Treasury. No 
travelling expenses of any kind will be chargeable by 
members of committees, and no expenses will be allowed 
to any claimant for attending before a committee, or for 
supplying any information to a committee, or otherwise. 
Jt should be poted th^t the Treasury will ngt consider any 



XXlX 

correspondence except through the clerk of the appointing 
council. It is probable that some expenses will be incurred 
by committees which will require the special sanction of 
the Treasury. In such cases the application for sanction 
on the part of the committee must be made to the Treasury 
by the clerk of the appointing council, who must himself 
recommend what he thinks should be done in the matter. 
The clerks to the appointing councils are required to submit 
the claims for reimbursement of the expenses, or for sanc- 
tion to expenditure out of moneys advanced by the Treasury, 
of the pension committees and sub-committees in their areas 
within one month after the end of each quarter. 

It will thus be seen that clerks to appointing councils 
will have many duties imposed upon them by the new Act, 
for which they will not in any way be remunerated out of 
public moneys. 

The Act and the Regulations apply alike to the whole 
of the United Kingdom, and the modifications necessary 
in the cases of Scotland and Ireland are set out in section 1 1 
of the Act and No. 3 of the Regulations. The Circulars 
issued by the Local Government Boards of Scotland and 
Ireland are set out in Appendix A. 

As there will probably be cases of claimants to pensions 
whose residence has been partly in Scotland or Ireland, 
as well as England, and as no provision is made for referring 
claims in such cases to the Local Government Board of 
either of the kingdoms other than that in which the claimant 
makes his claim, it would seem that any investigations as 
to a claimant's life in the other kingdoms must be made 
by the pension officer. 

A list of the local authorities who will have to appoint 
pension committees has been added in Appendix C. 



Wm. a. Casson. 



I, Essex Court, Temple, 

25th August, 1908. 



XXX 



ORDER OF PROCEEDINGS. 

All claims are in the first instance to be sent to the pension 
officers to be investigated by them. 

On receipt of any claim from a pension officer, together 
with his report thereon, the clerk to the local pension 
committee or sub-committee must arrange for a meeting 
of such committee within seven days. (R. ii (i).) 

Not less than three days before the meeting notice of 
the time and place of meeting, giving the names of the 
claimants whose claims are to be considered, must be 
sent to the pension officer. (R. 12, Form 3.) 

Where pension officer has reported that claim may be 
allowed, and the committee agree with the report, they 
must forthwith allow the claim, and send notice to the 
pension officer and the claimant. (R. 13.) 

Where they adjourn the investigation of a claim they must 
do so to an adjourned meeting to be held not more than 
one month after the date of the original meeting, and 
notice must be sent to the claimant. (R. 14 (3), Form 6.) 

Committee must give final decision on adjourned claim, and 
send notice to pension officer and claimant. (R. 14 (4), 
Forms 4 and 5.) 

Within seven days after decision of committee, or of notice 
of decision, pension officer or any person aggrieved may 
appeal to Local Government Board. (R. 18 (i). Form 9.) 

Appellant must send appeal to Local Government Board and 
notice to committee (Form 10), and committee must send 
the claim and documents to Local Government Board. 
(R. 18 (2).) 

After decision of committee, or, m the event of an appeal, 
of the Local Government Board has been given, such 
decision becomes final and conclusive on the expiration 
of seven days. The clerk to the committee must enter 
record of the case in the register, and send all documents 
relating thereto in his possession to the pension officer. 



OLD-AGE PENSIONS ACT, 1908. 

8 Edw. VII. c. 40. 

An Act to provide for Old-Age Pensions. 

[1st August, 1908.] 

Be it enacted by the King's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same as follows : — 

Right to Receive Old-Age Pension, 

I. — ([) Every person in whose case the conditions laid 
down by this Act for the receipt of an old-age pension 
(in this Act referred to as statutory conditions) are ful- 
filled, shall be entitled to receive such a pension under 
this Act so long as those conditions continue to be ful- 
filled, and so long as he is not disqualified under this Act 
for the receipt of the pension. 

(2) An old-age pension under this Act shall be at the 
rate set forth in the schedule to this Act. 

(3) The sums required for the payment of old-age 
pensions under this Act shall be paid out of moneys pro- 
vided by Parliament. 

(4) The receipt of an old-age pension under this Act 
shall not deprive the pensioner of any franchise, right, or 
privilege, or subject him to any disability. 

Note to section 1. 

The effect of this section is to give an inalienable right to a 
pension to every person who can comply with the statutory con- 
ditions set out in section 2, and unless the pensioner becomes 
disqualified under section 3, such pension will be payable until 
death. The intention of the Government, as explained in Parlia- 
ment, was that such pensions should continue to be payable to 



all persons who receive them under this Act, even though Parlia- 
ment should in the future decide to abandon the scheme in con- 
sequence of the great cost, or for any other reason. It was made 
clear in the debates on the Committee Stage of the Bill that whilst 
the scheme was an experimental one in regard to its conditions, 
qualifications, and disqualifications, the part which established the 
right of men over 70 to a pension under certain conditions which 
might be altered from time to time was not experimental. (Par- 
liamentary Debates, Vol. CXC, column 1544.) 

The last subsection is intended to preserve the rights of every 
pensioner as a citizen, and to prevent his being disqualified or 
subjected to any disability by the receipt of a pension. In this 
respect the old-age pension differs from the receipt of alms and 
Poor Law relief. In the cases of Dix v. Kent and Edwards v. 
Lloyd (Fox's Registration Cases) it was decided that where a person 
was in a state of poverty, and lacked that independence iHat was 
desirable in a voter, the receipt of alms in an almshouse 
operated as a disqualification for the franchise. This was a 
common law disqualification, grounded on the principle that the 
electors ought not to be dependent either on the bounty of the 
community or of private persons for the necessaries either for them- 
selves or those dependent on them. This rule was extended by 
statute to parochial relief by the Reform Act, 1832, and the Repre- 
sentation of the People Act, 1867. These provisions, as amended 
by section 7 of the Parliamentary, Municipal, and Registration 
Act, 1878, have been rendered applicable to all Parliamentary 
and local government elections by subsequent legislation, and 
their effect is that no i>erson is entitled to be registered as a voter 
who shall, within a year previous to the 15th July in any year, 
have received parochial relief or other alms which by the law of 
Parliament operates as a disqualification. The enactment in sub- 
section (4) of the present section excludes old-age pensions from 
the effect of these disqualifying enactments. 

Statutory Conditions for Receipt of Old-Age 
Pension, 

2. The statutory conditions for the receipt of an old-age 
pension by any person are — 

(i) The person must have attained the age of severity : 

(2) The person must satisfy the pension authorities that 
for at least twenty years up to the date of the 
receipt of any sum on account of a pension he 
has been a British subject, and has had his 
residence, as defined by regulations under this 
Act, in the United Kingdom : 



.3 

(3) The person must satisfy the pension authorities that 
his yearly means as calculated under this Act do 
not exceed thirty-one pounds ten shillings. 

Note to section 2. 

The statutory conditions laid down in this section gave rise to 
much discussion in Parliament, and they will have to be read 
in conjunction with the regulations to be made under section lo, 
as much will depend on the proof that is to be exacted of com- 
pliance with the requirements of the section. 

When the claini has been made and signed and delivered to the 
postmaster, the procedure for deciding and adjudicating upon the 
claim will begin. The three main points to be determined are : — 
(i) Whether the claimant satisfies the statutory conditions. 

(2) Whether he is subject to any of the disqualifications. 

(3) Assuming that his yearly means as calculated under the 
Act exceed ;^2i and are less than ;^3i los., at what figure 
they are to be taken to stand. 

In the case of claimants who are not subject to any of the dis- 
qualifications the conditions are as follows: — The applicant must 
have attained the age of 70, he must have been a British subject 
for at least 20 years and have had his residence in the United 
Kingdom, and his yearly means must not exceed ;^3i los. 

The age of the applicant will have to be proved in the best 
manner possible. 

It will rest with the claimant in the first place to produce evidence 
of age, and he will have to do this at his own expense. The cost 
of a certificate of birth in England is 3s. yd., and many applicants 
may be unable to bear this. In any such case the claimant may 
give the exact date and place of birth, and the pension officer will 
himself endeavour to verify it by application to the Registrar- 
General. Such applications can only be made in respect of births 
in England and Wales which may have been registered as having 
occurred on or after ist July, 1837, as that is the earliest date on 
which births were registered in England and Wales. No births 
that occurred prior to the ist July, 1837, were registered on that 
date, and no certificates of such births can therefore be obtained. 
There is no provision such as there is in the Education 
Acts, under which birth certificates can be obtained at reduced fees. 
Pension officers and pension committees are not empowered to make 
any payment to clergymen or parish clerks or others for information 
supplied as to the birth or baptism of claimants, and where applica- 
tions from pension officers for information are met with demands for 
fees no such fees can be paid. It would seem that if the pension com- 
mittee judge from the appearance of an aged applicant that he is 
not less than 70 years of age they would be justified in allowing 
the claim. 



In Scotland, where for some time to come certificates of birth 
of persons 70 years of age or over will not be available, the Old 
Parochial Registers of births and baptisms in the custody of the 
Registrar-General in Edinburgh may be searched for information 
where necessary. In Ireland, where also certificates of birth will 
not be available, the Baptismal Registers will probably afford the 
necessary evidence of age, and claimants should have no difficulty 
in obtaining certificates if proper application is made. Relieving 
officers, rate collectors, and clerks of unions in Ireland may also 
be in a position to give assistance on questions of age and means, 
and available census records may be made use of. 

According to the instructions in the Second Schedule to the 
Regulations, in determining the age of any person, "regard may 
be had to any of the following documents, viz. : — 

" Certificate of birth ; 

"Certificate of baptism; 

"Certificate of service in any of the forces of the Crown; 

"Certificate of membership of any friendly or provident society 
or trade union ; 

"Certificate of marriage; 

"Any other evidence which appears sufficient for the purpose." 
The applicant must prove that for at least 20 years up to the 
receipt of a pension he has been a British subject, and he will 
do this by producing the best evidence he can of his nationality. 
He will answer the question No. 8 in the Claim Form No. i m 
the affirmative, and supply the pension officer with such informa- 
tion as he can on the point by making a declaration, in order to 
satisfy that officer that the claimant is entitled to a pension. In 
the instructions to pension officers as regards the investigation of 
claims it is stated that — 

"Where it appears that any person was born in the British 
dominions and has not resided out of the British dominions during 
the preceding twenty years, he may unless there is reason to suspect 
the contrary, be taken as being a British subject. 

"If it appears that any person was not born in the British 
dominions, he may prove that he is a British subject either by 
producing a naturalisation certificate and showing that he is the 
person referred to in the certificate or by showing that he was born 
of a father who was a British subject. 

"If a person who alleges that he was naturalised is unable to 
produce a naturalisation certificate, inquiry may be made of the 
Home Office as to whether the person is on the Register of 
Naturalised Aliens. 

"If any person alleges that he was born out of the British 
dominions of a British father he should be required, if possible, 
to show whether his father and his grandfather were bom in the 
British dominions or not." 

The question of residence gave rise to some discussion in Par- 
liament, and an amendment was moved to alter the section so as 



to require that a person in receipt of an old-age pension should 
remain in the United Kingdom. The Chancellor of the Exchequer 
explained that the intention of the Government was that the pen- 
sioner should receive his pension only so long as he resided in the 
country, but if he went for a few weeks' fishing at the Dogger 
Bank, or to the South of France for a few months," he would still 
be a resident here according to the legal meaning of "resident." 
This is made clear by the Regulations, rule 29 of which defines 
" residence " for the purposes of the Act as meaning actual presence 
in the United Kingdom uninterrupted otherwise than by temporary 
absences. 

**A person (being a claimant) shall be deemed to have been 
temporarily absent — 

"(i.) If before the absence he was living in the United 
Kingdom and throughout the absence he was employed in the 
service of the Crown as a soldier, sailor, or otherwise, or was 
in the service of any one so employed : Provided that for the 
purposes of this provision a person shall not be deemed to be 
in the service of the Crown unless his remuneration is paid 
out of moneys provided by the Parliament of the United 
Kingdom; or 

"(ii.) If before the absence he was living in the United 
Kingdom and throughout the absence he was serving on board 
a vessel registered in the United Kingdom ; or 

"(iii.) If throughout the absence his home was in the United 
Kingdom : Provided that a person shall not be deemed for 
the purposes of this provision to have had his home in the 
United Kingdom during an^- absences (other than absences to 
which paragraphs (i.) and (li.) of this Regulation apply) which 
occurred wholly or partly within the period of twenty years 
prescribed by subsection (2) of section 2 of the Act, if the 
aggregate of those absences since the beginning of the earliest 
of them exceeds eight years : 

"A person (being a pensioner) shall be deemed to have been 
temi>orarily absent if he is absent for any period not exceeding 
three months at any one time." 

For the purposes of the Regulations, it must be understood that 
residence in the Channel Islands or the Isle of Man is to be con- 
sidered as absence from the United Kingdom. 

A pension will lapse if the pensioner is absent from the United 
Kingdom for any longer period than three months, and if he desires 
to receive a pension on his return he must make a fresh claim. 

It is provided by the instructions in the Second Schedule to the 
Regulations that "for the purpose of determining whether a person 
has been resident in the United Kingdom, he must be required 
to give, if possible, a reference to two persons who have known 
him, and to state what his employment, if any, has been, during 
the last twenty years." 

CO. 



The calculation of means will have to be effected by the pension 
officer in the manner prescribed by rule lo of the Reflations, and 
in accordance with the conditions prescribed in section 4 of the 
Act. Under that section the income which the applicant may 
reasonably be expected to receive during the succeeding year from 
ist January to* 31st December must not exceed ;^3i los., exclusive 
of any sum receivable on account of an old-age pension. If an 
applicant has any property, its yearly value must be taken account 
of under subsections (b) and (c) of section 4, whether he makes 
a profitable use of it or invests it or not. If, therefore, an appli- 
cant has a cottage in which he lives, or has some land which is 
capable of being used beneficially and is not so used or let, or if 
he has any money hoarded, the yearly income which it would pro- 
duce if used or invested would have to be taken account of. 
Hoarding money is not a practice which is as common in this 
country as in some others, for instance, as in France, but it is well 
to bear in mind that if an applicant has a sum of money hoarded 
and hidden away so that it does not produce any interest he would 
have to disclose the fact, as otherwise he would be liable to penalties 
under section 9 of the Act for making false statements should the 
effect of his non-disclosure be to secure to him a pension at a higher 
rate than he was otherwise entitled to. 

It will rest with the pension officer to inquire into the means of 
all claimants, and if he finds that a person has a cottage of valuable 
old furniture, or is hoarding up some treasures that have been in 
his family for many years, such as old china, old pictures, old books, 
war medals, &c., he will have to take the value of these into 
account. Furniture up to ;^3o in value will not be taken into 
account. 

Under Regulation 15 it rests with the committee to fix the 
weekly rate of pension to which the pensioner is entitled, and 
under Regulation 16 any claim may be made and provisionally 
allowed at any time not exceeding four months before the date 
on which the claimant will become entitled to receive his pension. 
Under section 5 of the Act every pension is to be paid weekly in 
advance, and to commence to accrue in the case of a claim pro- 
visionally allowed on the first Friday after the day on which the 
claimant becomes entitled to receive the pension, that is, the first 
Friday after the person shall have attained the age of 70. It there- 
fore follows that as a person attains the age of 70 on the completion 
of the day preceding his 70th birthday, and as the pension is to be 
paid weekly in advance, he would be entitled to receive his book 
of pension orders under Regulation 32, and to claim the first pay- 
ment in respect of his pension not later than the Friday following 
his 70th birthday. But if that birthday falls on a Friday he will 
not be entitled to receive his first payment until the following 
Friday. (See section 5 (2).) 

The system by which claims are to be provisionally allowed 
permits of the investigation of claims of persons who have not 



7 

^ctually attained the age of 70, so that such claims may be iSbllowed 
in time to become operative immediately after that age has been 
reached. This provision in Regulation 16 is made in pursuance 
of the statutory direction in section 10 {2) of the Act. 

Generally speaking, on the whole of the requirements it may be 
said that the greatest responsibility will rest on the pension officer 
for the investigation of claims, and he will be free to make such 
inquiries as he considers necessary to enable him to certify that 
any claim should be allowed, or otherwise. He will be in a position 
to put any question that he thinks proper and necessary to a 
claimant, and it is provided by instruction (5) in the Second Schedule 
to the Act that '^ any case in which the pension officer thinks 
it desirable so to do, he may reduce to writing any question which 
he desires to put to any person and the answer given by that 
person to the question, and may require that person to sign the 
answer, or may require any person to fill up and sign any form." 

It is further provided by instruction (6) that "the pension officer 
shall in every case take all reasonable steps to obtain the best 
evidence and information which it is reasonably possible to obtain, 
and make all such inquiries as appear to him necessary having 
regard to the circumstances of the case." 

Note to section 2 (2). 

In view of the difficulties that are likely to arise in determining 
whether a person is a British subject or not, it may be well to 
draw attention to the rules which govern the status of nationality. 
By the common law, which has always followed the feudal prin- 
ciple that the child belongs to the land in which it is born, every 
child born within the British dominions, whether of English or 
alien parents, is a British subject, but by Statutes 7 Anne, c. 5, 
and 4 Geo. II., c. 21, all the children bom of British subjects 
out oif the kingdom were declared to be British subjects. This 
privilege was further extended by the Statute 13 Geo. III., c. 21, 
to the grandchildren of every natural bom male British subject, 
provided that the father of such children was himself entitled to 
all the rights and privileges of a natural born subject, though not 
himself being one. These rules apply to legitimate children only, 
and the illegitimate issue bom of English women abroad will take 
the nationality of their place of birth. By the same rule illegitimate 
children born of foreign mothers in England are British subjects, 
as also are foundlings. 

By the accession of Queen Victoria to the Throne of England, 
in 1837, the Kingdom of Hanover passed away from the British 
Crown, and there may be still living persons whose fathers were 
Hanoverians and subjects of King William IV. Such persons 
would not be British subjects themselves unless born within the 
British dominions, and even if they complied with the condition 
as to 20 years* residence they would not be entitled to receive 
pensions. In the case of the Stepney Election Petition, Isaacson 



8 

(petitioner), Durant (respondent), L. R. 17 Q. B. D. 54, persons 
born in the Kingdom of Hanover before the accession of Queen 
Victoria, and not naturalised in the United Kingdom, and persons 
born in the Kingdom of Hanover after the accession of Queen 
Victoria of parents born in Hanover before that date were held to 
be aliens. The rules of the common law and statute law stated 
above apply to all persons born within any part of the British 
dominions, so that persons born in the Colonies, or the children 
of Colonial subjects, whether natural born or naturalised, would 
be British subjects if bom in any foreign country. Persons born 
on the high seas in British ships are British subjects. There may 
be cases m which natural bom British subjects have in their early 
life resided in some foreign country and become naturalised there. 
By section 6 of the Naturalisation Act, 1870, any British subject 
who becomes naturalised in a foreign State ceases to be a British 
subject, and becomes an alien. If such a person had returned to 
England, and even if he had resided there for 20 years, he would 
not be entitled to a pension because he would not have been a 
British .subject. 

There is an exception in section 6 of the Naturalisation Act, 
1870, in favour of persons who had, prior to the passing of that 
Act, become naturalised in any foreign State retaining their British 
nationality by making a declaration. This declaration must have 
been made before 12th May, 1872. Any person, therefore, who 
had become a naturalised subject of a foreign State, but who 
made such a declaration, would be a British subject. A person 
who had become naturalised as an alien may be re-admitted to 
British nationality on obtaining from one of the principal Secretaries 
of State, or from the Governor of any British possession, a certi- 
ficate of re-admission to British nationality, re-admitting him to 
the status of a British subject. There is no reference to this class 
of naturalised British subject in the Instructions to Pension 
Ofl&cers in the Second Schedule to the Regulations, and it would 
appear that where a claim to British nationality is made on this 
ground a copy of the certificate would have to be obtained through 
the Colonial Office from the Governor of the British possession, 
unless it has been deposited in the United Kingdom in pursuance 
of regulations made under section 11 of the Act. The case of 
women is specially dealt with in section 10 of the Naturalisation 
Act, 1870. Provision is there made for widows, who, being natural 
born British subjects, had become aliens by or in consequence of 
marriage, obtainmg certificates of re-admission to British nationality. 

It should be borne in mind that persons who have not been bom 
within the British dominions, but who have become naturalised 
as British subjects under the laws of any British colony, cannot 
be regarded as British subjects unless they have become naturalised 
in the United Kingdom under English law. Such persons, there- 
fore, would not be entitled to pensions. 



Note to seetlon 2 (8). 

In the Bill as originally introduced into Parliament it was pro- 
posed to give a pension of 5s. a week to all persons whose incomes 
entitled them to it, and this sum was to be reduced to 3s. gd. in 
the case of married couples living together. During the Committee 
stage of the Bill in the House of Commons a strong feeling was 
exhibited in favour of a sliding scale, and in deference to these 
views the Chancellor of the Exchequer stated the willingness of 
the Government to adopt such a scale. He said that "his own 
opinion was strongly in favour of a sliding scale. He was, at the 
same time, fully alive to the objections to a sliding scale. There 
was the objection that it would interfere with simplicity of adminis- 
tration. It would add a good deal of perplexity in that regard, 
and it would add something in the way of cost; but he did not 
think those considerations were sufficiently strong to outweigh the 
reasons in favour of a sliding scale. Every scheme of non-con- 
tributory old-age pension had been a scheme with a sliding scale. 
The New Zealand, Victoria, and Queensland schemes, and the new 
scheme of the Commonwealth, had all a sliding scale. They were 
all so fully alive to the injustice and irritation which might be 
caused by a rigid scale that they had come to the conclusion that 
the sliding scale was, on the whole, fairer in spite of its cost and 
the difficulty in administration." 

Disqualification for Old-Age Pension. 

3. — (i) A person shall be disqualified for receiving or 
continuing to receive an old-age pension under this Act, 
notwithstanding the fulfilment of the statutory condi- 
tions : — 

(a) While he is in receipt of any poor relief (other than 
relief excepted under this provision), and, until 
the thirty-first day of December nineteen 
hundred and ten unless Parliament otherwise 
determines, if he has at any time since the 
first day of January nineteen hundred and eight 
received, or hereafter receives, any such relief : 
Provided that for the purposes of this pro- 
vision — 

(i) any medical or surgical assistance (in- 
cluding food or comforts) supplied by or on 
the recommendation of a medical officer ; or 



16 

(ii) any relief given to any person by meatis 
of the maintenance of any dependant of that 
person in any lunatic asylum, infirmary, or 
hospital, or the payment of any expenses of 
the burial of a dependant ; or 

(iii) any relief (other than medical or 
surgical assistance, or relief herein-before 
specifically exempted) which by law is ex- 
pressly declared not to be a disqualification 
for registration as a parliamentary elector, or 
a reason for depriving any person of any 
franchise, right, or privilege ; 
shall not be considered as poor relief : 

(b) If, before he becomes entitled to a pension, he has 

habitually failed to work according to his ability, 
opportunity, and need, for the maintenance or 
benefit of himself and those legally dependent 
upon him : 

Provided that a person shall not be disquali- 
fied under this paragraph if he has continuously 
for ten years up to attaining the age of sixty, by 
means of payments to friendly, provident, or 
other societies, or trade unions, or other ap- 
proved steps, made such provision against old 
age, sickness, infirmity, or want or loss of 
employment as may be recognised as proper pro- 
vision for the purpose by regulations under this 
Act, and any such provision, when made by the 
husband in the case of a married couple living 
together, shall as respects any right of the wife 
to a pension, be treated as provision made by 
the wife as well as by the husband : 

(c) While he is detained in any asylum within the 

meaning of the Lunacy Act, 1890, or while he 
is being maintained in any place as a pauper or 
criminal lunatic : 



It 

(d) During the continuance of any period of disquali- 
fication arising or imposed in pursuance of this 
section in consequence of conviction for an 
offence. 

(2) Where a person has been before the passing of this 
Act, or is after the passing of this Act, convicted of any 
offence, and ordered to be imprisoned without the option 
of a fine or to suffer any greater punishment, he shall be 
disqualified for receiving or continuing to receive an old- 
age pension under this Act while he is detained in prison 
in consequence of the order, and for a further period of 
ten years after the date on which he is released from 
prison. 

(3) Where a person of sixty years of age or upwards 
having been convicted before any court is liable to have 
a detention order made against him under the Inebriates 
Act, 1898, and is not necessarily, by virtue of the pro- 
visions of this Act, disqualified for receiving or continuing 
to receive an old-age pension under this Act, the court 
may, if they think fit, order that the person convicted be 
so disqualified for such period, not exceeding ten years, 
as the court direct. 

Note to section 8. 

This section deals with the disqualifications for receiving or 
continuing to receive old-age pensions, and these disqualifications 
are five in number, namely: — (i) The receipt of poor relief; (2) 
having habitually failed to work according to the ability, oppor- 
tunity, and need of the applicant for the maintenance or benefit 
of himself and those legally dependent upon him; (3) detention 
in any lunatic asylum or maintenance as a pauper or criminal 
lunatic; (4) having been within the last 10 years imprisoned without 
the option of a fine, or in penal servitude; (5) having been dis- 
qualified by an order of any court. The claims will be reported 
on by the pension officer and considered by the local pension com- 
mittee under Regulations 10-16. Any question that may subse- 
quently arise as to the continuance of the qualification of a pen- 
sioner will be determined under Regulation 17. 



Note to section 8 (1, a). 

As this subsection stood in the Bill as originally introduced into 
the House of Commons, its opening words were "while he is in 
receipt of any such parochial or other relief as disqualifies for 
registration for a Parliamentary elector.*' These words were omitted 
on the motion of the Chancellor of the Exchequer, because it had 
been suggested that they might apply to charity or alms, owing 
to the use of the term "relief." The subsection was finally adopted 
in the fonn in which it now stands after a very exhaustive dis- 
cussion in the House of Commons. (Parliamentary Debates, 
Vol. CXCI., columns 381-435.) This discussion brought out very 
strongly the distinction that was being made between those of the 
aged poor who had been compelled to obtain poor relief and those 
who would receive old-age pensions. It will be remembered that 
the circular issued by Mr. Chaplin, as President of the Local 
Government Board, on 4th August, 1900, to boards of guardians 
stated that " The Board consider that aged deserving persons should 
not be urged to enter the workhouse at all, unless there is some 
cause which renders such a course necessary, such as infirmity of 
mind or body, or absence of house accommodation, or of a suitable 
person to care for them, or some similar cause, but that they should 
be relieved by having adequate outdoor relief granted to them." 
This policy has, no doubt, been largely acted on, and there are, 
doubtless, at the present moment large numbers of persons in 
receipt of poor relief whose circumstances are indistinguishable 
from those who will become entitled to old-age pensions. As the 
Bill originally stood the disqualification by receipt of relief was 
to continue "until Parliament otherwise determines," but on the 
suggestion of the Chancellor of the Exchequer (Parliamentary De- 
bates, Vol. CXCI., column 398) these words were withdrawn, and 
the words "until the 31st December, 1910, unless Parliament other- 
wise determines" were substituted. The Chancellor of the Ex- 
chequer said that it would be imperative that the problem should 
be dealt with at the earliest possible moment "because the guar- 
dians necessarily will in future do their very best to keep men oflf 
the poor rate m order to transfer them to the pension fund. Not 
only that, but there would be a conspiracy with the poor person 
himself and his relatives to get on to the Exchequer Fund, and 
gradually the number of outdoor paupers must necessarily diminish 
by the automatic operation of this disqualification." The date fixed 
for the poor relief disqualification (31st December, 1910) was 
specially selected so as to give an opportunity to deal with the 
whole question in a comprehensive manner. The Chancellor of 
the Exchequer said "we are awaiting the report of the Poor Law 
Commission with a view of dealing with it in a thoroughly com- 
prehensive fashion, and we have given the best guarantee by saying 
that next year we confidently hope to be able to make financial 
arrangements to deal with it, and before December, 1910, the whole 
operation will have been completed.*' 



13 

The words "other than relief excepted under this provision" 
and certain consequential amendments were inserted with a view 
of making it quite clear that the only relief which should disqualify 
was that which was given through the agency of the relieving 
officer to a person for the maintenance of himself or any dependant. 
With this object in view, the clause has been framed on the prin- 
ciple of specificall)r excluding certain forms of relief from the dis- 
qualification condition. These excluded forms are set out in sub- 
paragraphs (i.), (ii.), and (iii.). Taking these in order it would 
appear that a person receiving medical or surgical assistance, with 
relief in kind, on the recommendation of a medical officer was not 
disqualified, but if he received any relief in money he would be 
disqualified. It seems, therefore, to be imperative that relieving 
officers and Poor Law medical officers should be instructed not 
to recommend, and boards of guardians should make it a rule not 
to give, any relief in money to a person who is in receipt of or who 
is eligible for an old-age pension. Sub-clause (ii.) is intended to 
deal with the cases of the lunatic wife and the crippled child main- 
tained in an asylum, infirmary, or hospital, and it also permits the 
payment by the Poor Law authorities of the expenses of the burial 
of a wife or child. By the Poor Law Amendment Act, 1834, s. 56, 
it is enacted that all relief given to or on account of the wife, or 
to or on account of any child or children under the age of 16 shall 
be considered as given to the husband, and it therefore follows 
that if a person who is otherwise eligible for an old-age pension 
permits any child of his under 16 years of age to be in receipt of 
poor relief, or is ordered by the justices to maintain a grandchild 
that has become chargeable on the poor rate, he would be dis- 
qualified for receiving or continuing to receive an old-age pension. 
It would seem, however, that if in the case of any young child 
an arrangement was made under the Boarding-Out Orders by which 
the grandparent became a foster-parent to the child — an arrange- 
ment which the Local Government Board have in recent years 
assented to — there would be no disqualification, as the amount 
paid would not be relief to the foster-parent. A possibly curious 
result of the application of section 56 of the Act of 1834 (under 
which relief to a wife is declared to be relief to her husband) is 
that the wife of a man who is in receipt of relief may not herself 
be deemed to be in receipt of relief, and may conceivably be 
eligible for a i>ension on her own account. 

If any person who has become a claimant for an old-age pension 
has been in receipt of poor relief for however short a time since 
ist January, 1908, he is disqualified from receiving a pension, and 
he cannot get rid of that disqualification by repaying the amount 
or value of such relief to the Poor Law authorities. 

Sub-clause (iii.) deals with those cases where Acts of Parliament 
have specifically declared that certain forms of assistance given 
from the rates shall not operate as a disqualification for registra- 
tion as an elector. From some points of view this enactment in 



its present form might be regarded as unnecessary, but it was in- 
serted in order to avoid any inference that the exceptions which 
had been made in other Acts were not to be regarded as exceptions 
under this Act. Such cases are the provision in section 26 of the 
Vaccination Act, 1867, ^o ^^c effect that vaccination should not 
be considered to be parochial relief, and the enactment in the 
Education (Provision of Meals) Act, 1906, that the provision of any 
meal to a child, or the failure of the parent to pay any sum 
demanded under the Act in respect of a meal, shall not deprive 
the parent of any franchise. 

See Regulation 35, under which information is to be supplied 
to the pension officer as to persons who are, or have been, in receipt 
of poor relief. 

Note to section S (1, b). 

This enactment has been inserted more as a precaution than 
for any other reason, and it is doubtful whether any proof short 
of a conviction under the Vagrancy Acts would be sufficient 
evidence that a man had "habitually failed to work according 
to his ability, opportunity, and need." The proviso to this clause 
must be read in connection with the Regulations, under rule 30 
of which it is provided that a person shall be regarded as having 
made proper provision against old age, sickness, infirmity, or want 
or loss of employment, if he has continuously for 10 years up to 
attaining the age of 60, by means of payments to friendly, provident, 
or other societies or trade unions, or other approved steps, made 
provision to secure for himself, free from any deductions or encum- 
brances, any of the following advantages : — 

"(i) The right to receive during any period of sickness, not less 
than seven shillings and sixpence a week during the first 
twenty-six weeks (or alternatively not less than fifteen shillings 
a week for the first thirteen weeks) of the period, and not 
less than two shillings a week for the remainder of the 
period : 

" (2) The right to receive not less than five shillings a week during 
want or loss of employment : 

"(3) The right to receive not less than three shillings a week 
for life either on becoming permanently incapacitated or 
upon the attainment of any specified age not exceeding 
seventy : 

"(4) The right to receive not less than five shillings a week upon 
the attainment of any age not exceeding sixty-five until the 
attainment of the age of seventy : 

" (5) The right to receive not less than two shillings a week upon 
the attainment of any age not exceeding sixty until the attain- 
ment of the age of seventy : 



IS 

"(6) The right to receive a capital sum of not less than fifty 
pounds upon the attainment of any specified age not exceed- 
ing seventy: 

"(7) The possession, upon the attainment of the age of sixty, of 
accumulated savings, or of property purchased out of accumu- 
lated savings, to the value of not less than fifty pounds." 

It will be observed that the provision contemplated by the Regu- 
lations >yhich the claimant must have made may be of two kinds, 
(a) rights to receive money acquired in pursuance of payments to 
a society or trade union or other approved steps, and (b) the 
possession of accumulated savings or of property. In any case 
where a man has made this provision he will be exempt from 
disqualification under section 3 (i) (b), even though he may have 
habitually failed to work according to his ability, opportunity, and 
need. It would have been well if the Regulations had been ampli- 
fied so as to indicate what the " other approved steps " are. As 
Regulation 30 is framed it is not made clear that a person would 
come within its conditions if he made the necessary provision by 
purchasing an annuity or taking out an endowment policy in an 
ordinary life insurance company or through the Post Office, and it 
would seem that provision made in this way would have to be 
specially approved by the pension authorities. 



Note to section S (1, d). 

The disqualification referred to under this section is of two kinds, 
namely, that arising under subsection (2), which is a statutory dis- 
qualification which a person cannot avoid or be released from, 
and that imposed by a court under subsection (3). It will be ob- 
served that in both cases the disqualification arises after conviction 
for an offence. At present no provision is made for the notification 
of convictions to the pension authorities by the officers of the courts, 
but probably in course of time some arrangements of this kind 
will have to be made. It will rest with the pension officer and 
with the pension committee to explain the nature of the disqualify- 
ing circumstances to claimants, and to rely on the answers to any 
questions put to them. 



Calculation of Means. 

4. — (i) In calculating the means of a person for the 
purpose of this Act account shall be taken of — 

(a) the income which that person may reasonably expect 
to receive during the succeeding year in cash, 



i6 

excluding any sums receivable on account of an 
old-age pension under this Act, that income, in 
the absence of other means for ascertaining the 
income, l)eing taken to be the income actually 
received during the preceding year ; 

(b) the yearly value of any advantage accruing to that 

person from the use or enjoyment of any pro- 
perty belonging to him which is personally used 
or enjoyed by him ; 

(c) the yearly income which might be expected to be 

derived from any property belonging to that 
person which, though capable of investment or 
profitable use, is not so invested or profitably 
used by him ; and 

(d) the yearly value of any benefit or privilege enjoyed 

by that person. 

(2) In calculating the means of a person being one of a 
married couple living together in the same house, the 
means shall not in any case be taken to be a less amount 
than half the total means of the couple. 

(3) If it appears that any person has directly or in- 
directly deprived himself of any income or property in 
order to qualify himself for the receipt of an old-age 
pension, or for the receipt of an old-age pension at a 
higher rate than that to which he would otherwise be 
entitled under this Act, that income or the yearly value of 
that property shall, for the purposes of this section, be 
taken to be part of the means of that person. 

Note to section 4. 

The application of this section to the case of each claimant is 
likely to occasion considerable difficulty to the pension authorities, 
and the questions which have to be answered by the claimant in 
making the "claim to pension" on Form i will probably, in most 



17 

cases, have to be supplemented by other inquiries. It is to be 
observed that the income for the purposes of section 4 has to be 
estimated for the " succeeding year " in cash, and any sum receiv- 
able in respect of an old-age pension will be excluded. The "year" 
will be from ist January to 31st December. In the case of a 
married couple living together in the same house, the total means 
must be divided by two, and the amount credited to the income 
of any claimant must not in any case be less than half the total 
means. In the estimation of means the yearly value of any benefit 
or privilege enjoyed by the claimant, as well as of any advantage 
which he gets from any property which he enjoys, and the yearly 
income from any property which is not invested or profitably used 
must be considered. The rateable value of any land, house, or 
other building, as shown in the valuation list, would be the best 
criterion of the yearly value of the property. In the case of married 
claimants who are not living together, the income of both cannot 
be added together for the purpose of ascertaining the income of 
either, and in such cases the income of a married claimant living 
apart from his or her spouse would be calculated as if the claimant 
were single. The Regulations do not provide for any inquiries 
as to whether a man who is a claimant for a pension is living apart 
from his wife by arrangement or has deserted her, and it seems 
probable that the pension authorities will find it necessary to 
supplement the information contained on the claim form by more 
precise inquiries on these points. By Regulation 26 the pension 
committee, for the purpose of determining any claim, may avail 
themselves of any evidence or information which, in their opinion, 
is sufficient for the purpose, and is the best evidence or information 
which it is reasonably possible to obtain. They are not bound 
by the ordinary rules of evidence applicable to matters coming for 
decision before courts of law. 

Note to section 4 (1). 

Considerable discussion has arisen as to the position of claimants 
who have been in receipt of allowances from their children, and 
it has been suggested that these allowances, being purely voluntary, 
need not be taken into account as income. 

This view is erroneous, and so long as a claimant is in receipt 
of such allowances he must include them as part of his income. 
If^ however, the children have ceased to make any such contri- 
butions, and have intimated that they will not do so in future, 
the claimant would be entitled to exclude any such simis, and would 
not be bound to base his income for the coming year on the 
amount which he had received during the preceding year, as he 
would otherwise be bound to do under subsection (i, a). 

On the 28th October, 1908, in the House of Commons, Mr. 
J. D. White asked the Chancellor of the Exchequer whether steps 
would be taken to issue Instructions that for the purposes of the 



i8 

Old- Age Pensions Act, 1908, allowances made voluntarily to parents 
over 70 years of age by their children shall not be taken into 
account in calculating the means of such parents, and that allow- 
ances made voluntarily to parents by their children shall, for the 
purposes of that Act, be placed on the same basis as allowances 
made to them by persons who are under no Poor Law obligation 
to contribute to their support. — Mr. Lloyd George said: The 
Instructions to Pension Ofl&cers are that all money income received 
by claimants to old-age pensions, whether from voluntary allow- 
ances or otherwise, is to be taken into account in estimating their 
means for the purposes of the Act; and, as at present advised, I 
see no reason for modifying those Instructions or discriminating 
between different kinds of allowances. 



Note to section 4 (2). 

The effect of this subsection is that where two persons are 
"living together in the same house" and either of them applies 
for a pension, the means of the applicant shall not be taken at 
a less sum than half the total means of both. Thus, if a man has 
an income of £/^o a year and his wife has an income of ;f 10, the 
wife, if 70 years of age, must place her income at not less than 
£2^ a year, which would give her a pension of 3s. a week. In 
the same case, assuming that the man was 70 years of age also, 
he would not be entitled to divide his income by two, and to state 
it at ;f 25, but would have to state it at £^0, and thus would not 
be entitled to any pension at all. In the converse case if a man 
and woman are living together and the woman has a cottage, the 
rental value of which is ;^8 a year, and an allowance of ;^26 u 
year from any source, such as a legacy from a former employer, 
she would have to return her income at £^^ a year, and could 
not claim a pension. But her husband, if 70 years of age, would 
have to state his income at not less than half the joint 
income, and if his earnings did not amount to more 
than ;^8 a year, he could return his income at £^i, and 
claim a pension of 5s. a week. Thus, the income of a 
claimant, being one of a married couple living together in 
the same house, must in every case be stated at the actual amount 
which he or she receives for the purpose of making a claim, but 
if one of the couple has an income and the other has none the 
income of that other must be stated at not less than half the total 
income of both. It will accordingly happen that in some cases 
the husband, and in other cases the wife, will be entitled to a pension, 
where the other partner is disentitled by reason of his or her 
income being in excess of the statutory limit of £2^ los., or is 
entitled to a pension of less than the maximum of 5s. a week. 
This provision will not apply in the case of any married person 
living ai>art from his or her husband or wife, and accordingly 
a woman who had left her husband, or who had been deserted by 



19 

him and was not in receipt of any allowance from him, would be 
entitled to claim a pension without' returning any part of his income 
as her own, even though he was in receipt of such an income as 
would be greatly in excess of £^i los. a year. 

Mode of Paying Pensions. 

5. — (i) An old-age pension under this Act, subject to 
any directions of the Treasury in special cases, shall be 
paid weekly in advance in such manner and subject to 
such conditions as to identification or otherwise as the 
Treasury direct. 

(2) A pension shall commence to accrue on the first 
Friday after the claim for the pension has been allowed, 
or, in the case of a claim provisionally allowed, on the 
first Friday after the day on which the claimant becomes 
entitled to receive the pension. 

Note to section 5. 

Under this section power is given to the Treasury to direct that 
pensions may in special cases be paid in arrear, or at greater or 
less intervals of time than a week, but in ordinary cases all pensions 
will be paid weekly. Under section 12 (i) of the Act it is provided 
that a person shall not be entitled to the receipt of an old-age 
pension under this Act until the ist January, 1909, and no such 
pension shall begin to accrue until that day. In the Instructions 
issued to Excise Officers by the Commissioners of Inland Revenue 
it is explained that the payment of pensions will be made by means 
of pension orders of the denominations of 5s., 4s., 3s., 2s., and 
IS., bound in books, each containing 25 orders, payable weekly 
at the specified post office. The books of orders will be obtainable 
through the pension officers only. Where the local committees 
have provisionally allowed pensions which are to commence on 
Friday, ist January, 1909, the officer may deliver the books of 
orders to pensioners as soon after the loth December, 1908, as 
may be convenient. The pensioner must, unless incapacitated by 
illness, present in person the book of orders at the post office of 
payment, when the postmaster will pay the amount due. If unable 
to attend personally, provision is made for authorising another 
person to receive payment on his or her behalf. 

Old-Age Pension to be Inalienable. 

6. Every assignment of or charge on and every agree- 
ment to assign- of charge- an old-age pension "under this 



20 



Act shall be void, and, on the bankruptcy of a person 
entitled to an old-age pension, the pension shall not pass 
to any trustee or other person acting on behalf of the 
creditors. 



Determination of Claims and Questions. 

7. — (i) All claims for old-age pensions under this Act 
and all questions whether the statutory conditions are 
fulfilled in the case of any person claiming such a pen- 
sion, or whether those conditions continue to be fulfilled 
in the case of a person in receipt of such a pension, or 
whether a person is disqualified for receiving or con- 
tinuing to receive a pension, shall be considered and 
determined as follows : — 

(a) Any such claim or question shall stand referred to 

the local pension committee, and the committee 
shall (except in the case of a question which has 
been originated by the pension officer and on 
which the committee have already received his 
report), before considering the claim or ques- 
tion, refer it for report and inquiry to the 
pension officer : 

(b) The pension officer shall inquire into and report 

upon any claim or question so referred to him, 
and the local pension committee shall, on the 
receipt of the report of the pension officer and 
after obtaining from him or from any other 
source if necessary any further information as 
to the claim or question, consider the case and 
give their decision upon the claim or question : 

(c) The pension officer, and any person aggrieved, may 

appeal to the central pension authority against 
a decision of the local pension committee allow- 



ing or refusing a claim for pension or deter- 
mining any question referred to them within the 
time and in the manner prescribed by regulations 
under this Act, and any claim or question in 
respect of which an appeal is so brought shall 
stand referred to the central pension authority, 
and shall be considered and determined by 
them : 

(d) If any person is aggrieved by the refusal or neglect 
of a local pension committee to consider a claim 
for a pension, or to determine any question 
referred to them, that person may apply in the 
prescribed manner to the central pension 
authority, and that authority may, if they con- 
sider that the local pension committee have 
refused or neglected to consider and determine 
the claim or question within a reasonable time, 
themselves consider and determine the claim or 
question in the same manner as on an appeal 
from the decision of the local pension committee. 

(2) The decision of the local pension committee on any 
claim or question which is not referred to the central 
pension authority, and the decision of the central pension 
authority on any claim or question which is so referred to 
them, shall be final and conclusive. 

Note to section 7. 

As to this section, see Regulation 17 and paragraphs 45 and 46 
of the Local Government Board circular of 21st August, 1908. 
Decisions of the local pension committee on claims, and on ques* 
tions that may arise as to whether the statutory conditions are 
fulfilled in the case of a claimant, or continue to be fulfilled in 
the case of a pensioner, must be arrived at in the manner prescribed 
by this section and by Regulation 17, and they may be appealed 
against by the pension officer or by any person aggrieved within 
seven days after the date of ihe decision or notice, as provided by Regu- 
lation 18. The appeal must be on Form 9, and must be sent 
to the Local Government Board, Whitehall, London, S.W., within 



22 

seveni days, so that if the decision of the committee is given on thr 
1st December the appeal must be dispatched to the Local Government 
Board not later than the 8th December. (See par. 37 of Local 
Govemmentj^Board circular Jof 21st August, 1908, set out pos/.) It is 
provided by Regulation 19 that the Local Government Board may hold 
a ^local inquiry in regard to any appeal. They are not compelled to do 
so. It is not clear what the powers of the inspector or other oflficer 
who holds an inquiry will be, as neither the enactments governing 
inquiries under the Poor Laws nor those under the Public Health 
Acts are made applicable, and it is, therefore, doubtful whether 
any evidence could be taken on oath. 

Note to section 7 (1, a). 

The subsection directs that all claims shall stand referred to the 
local pension committee, but this will not give the committee any- 
thing more than a technical control over claims in the first instance, 
as it is provided by Article 7 (2) of the Regulations that in all cases 
the claim shall be sent to the pension officer, even though the 
committee has directed the postmaster to send all claims to them 
instead of direct to the pension officer. 

Note to section 7 (1, b). 

This subsection requires the local pension committee to consider 
the case and give their decision where any claim or question is 
submitted to them, and they will be guided in their action by the 
rules in Regulations 13, 14, 15, and 16, in dealing with claims, and 
Regulation 17 in dealing with questions. Where the committee 
receive a report from a pension officer that a claim may properly 
be allowed, and they agree with the report, they must forthwith 
allow the claim (Regulation 13). It is important to note that in 
certain cases where a claim is disallowed the committee must give 
the claimant an opportunity of being heard (Regulation 14). The 
Instructions to Pension Officers state that in making investigations 
with regard to claims, officers are warned to be cautious in accept- 
ing the uncorroborated statements of claimants and their relatives. 
Wherever possible it is recommended that some documentary 
corroboration of all statements should be obtained, and inquiries 
should be made from those likely to be able to give information 
respecting the claimant. It is suggested that officers or persons 
acting in the administration of the Poor Law, ministers of religion, 
clerks to .justices, petty sessions clerks, collectors of rates, police 
officials, shopkeepers, or officials connected with friendly and other 
provident societies or with trade unions, may be able and willing 
to assist the officer in his inquiries. It is to be hoped that every 
official of any local authority or anyone who is in any way in a 
position, to assist the pension officers in their inquiries will render 
all possible aid, without exacting payment of fees to which they 
might deem themselves entitled. Local authorities might well pass 
resolutjpps .directing -their officers .to allow the pension officers and 



23 

persons acting on behalf of local pension committees to have free 
inspection of all books of record which are likely to assist in ascer- 
taining the facts about any claimant to a pension. 



Note to section 7 (1, e and d). 

Under these subsections there are two classes of persons who 
may appeal to the Local Government Board, as the Central Pension 
Authority, and these are (i) pension officers, and (2) persons 
aggrieved. There may be some doubt as to who are the latter 
class, for whilst the claimant to a pension whose claim has been 
disallowed is a person aggrieved in one case, he would not be where 
his claim had been allowed, unless he considered himself entitled 
to a pensioll at a higher rate than had been granted to him. But 
where a pension has been allowed, and there are grounds for 
believing that the claimant is not entitled to it, the proper course 
for any person who wishes to raise the question is to lay the 
matter before the pension officer, who will be obliged to take notice 
of any information tendered to him under Regulation 17 (2). It 
is probable that the Local Government Board will refuse to enter- 
tain an appeal from any person, other than the pension officer, 
who is not either a pensioner or a claimant to a pension. 



Local Pension Committee, Central Pension 
Authority, and Pension Officers. 

8. — (i) The local pension committee shall be a com- 
mittee appointed for every borough and urban district, 
having a population according to the last published census 
for the time being of twenty thousand or over, and for 
every county (excluding the area of any such borough or 
district), by the council of the borough, district, or county. 

The persons appointed to be members of a local pension 
committee need not be members of the council by which 
they are appointed. 

(2) A local pension committee may appoint such and so 
many sub-committees, consisting either wholly or partly of 
the members of the committee as the committee think fit, 
aqd a local pension committee may delegate, either absp- 



lutely or under siicli conditions as they think fit, to any 
such sub-commiitt-e any powers and duties of the local 
pension commit tt-e under this Act. 

(3) The central i»ension authority shall be the Local 
Government Board, and the Board may act through such 
committee. [KTSons, or person apy>ointed by them as they 
think fit. 

(4) Pension officers shall b.- appointed by the Treasury, 
and the Tri-asury may appoint such number of those 
officers as they think fit to art for such areas as they 
direct. 

(5) Any reference in this Act to pension authorities 
shall be construed as a referenrt* to the pension officer, 
the local pension committee. an<l the central pension 
authority, or to any one of them, as the case requires. 

Note to section 8. 

With regard to the mode in which this section is to be carried 
out, see Regulations 21, 22, 23, and 24, and paragraphs 8-16 of 
the Local Government Board circular, 21st August, 1908. Under 
subsection (2) of this section a local pension committee may appoint 
sub-committees, and m;iy delegate any of their powers and duties 
to any such sub-comniitiees "either absolutely or under such con- 
dition's as they think fit." In view of the fact that subsection (2), 
whilst giving power to delegate powers and duties "absolutely, 
does not give power at any time afterwards to review suc^ 
delegation, it seems to be very undesirable that any pension com* 
mittee should do anything vyrhich might appear to permanently 
divest itself of its powers by " absolute " (lelegation to any sub- 
committee. Of course, the delegation could be put an end to by 
the dissolution of the sub-committee, or it might be resumed by 
the local pension committee in accordance with the general rules 
as to delegation, were it not for the doubt which arises from the 
use of the term " absolutely " in subsection (2) of this section. In 
the case of Iluth v. Clarke, L. R. 25 Q. B. D. 391, Lord Coleridge 
said "the word 'delegation' implies that powers are committed 
to another person or body which are, as a rule, always subject to 
resumptic^n by the power delegating, and many examples of this 
might be given. Unless, therefore, it is controlled by statute the 
delegating power can at any time resume its authority." In the 
same case Mr. Justice Wills said " delegation as the word is gener- 



25 

ally used does not imply a parting with powers by the person who 
grants the delegation, but points rather to the conferring of an 
authority to do things which otherwise that person would have to 
do himself." Probably the best reading of the subsection is one 
in which the word "absolutely" is read as meaning "uncondition- 
ally." Some meaning must be attached to the term in the Act, 
and if this meaning is adopted there would be no doubt as to the 
power of the local pension committee to resume the powers 
delegated. 

Lists of the counties, boroughs, and urban districts by which 
local pension committees are to be appointed will be found in 
Appendix C, post, p. 139. 

The Treasury have appointed all persons for the time being 
holding the appointments of supervisor or officer of Excise in the 
service of the Board of Inland Revenue to be pension officers, 
such and so many of those officers as may for the time being, by 
order of the Board of Inland Revenue, be stationed within each 
Excise district, to act, subject to the instructions of that Board, 
as pension officers for the area comprised in each such district. 
These appointments have effect as from September i, 1908. 



Penalty for False Statements, &c., and Repay- 
ment where Pensioner is Found Not to have 
been Entitled to Pension. 

9. — (i) If for the purpose of obtaining or continuing 
an old-age pension under this Act, either for himself or 
for any other person, or for the purpose of obtaining or 
continuing an old-age pension under this Act for himself 
or for any other person at a higher rate than that appro- 
priate to the case, any person knowingly makes any false 
statement or false representation, he shall be liable on 
summary conviction to imprisonment for a term not ex- 
ceeding six months, with hard labour. 

\2) If it is found at any time that a person has been 
in receipt of an old-age pension under this Act while the 
statutory conditions were not fulfilled in his case or while 
he was disqualified for receiving the pension, he or, in 
the case of his death, his personal representative, shall be 



26 

liable to repay to the Treasury any sums paid to him in 
respect of the pension while the statutory conditions were 
not fulfilled or while he was disqualified for receiving the 
pension, and the amount of those sums may be recovered 
as a debt due to the Crown. 



Regulations and Expenses. 

lo. — (i) The Treasury in conjunction with the Local 
Government Board and with the Postmaster- General (so 
far as relates to the Post Office) may make regulations for 
carrying this Act into effect, and in particular — 

(a) for prescribing the evidence to be required as to th( 

fulfilment of statutory conditions and for defin- 
ing the meaning of residence for the purposes of 
this Act; and 

(b) for prescribing the manner in which claims to pen- 

sions may be made, and the procedure to be 
followed on the consideration and determination 
of claims and questions to be considered and 
determined by pension officers and local pension 
committees or by the central pension authority, 
and the mode in which any question may be 
raised as to the continuance, in the case of a 
pensioner, of the fulfilment of the statutory con- 
ditions, and as to the disqualification of a 
pensioner; and 

(c) as to the number, quorum, term of office, and pro- 

ceedings generally of the local pension com- 
mittee and the use by the committee, with or 
without payment, of any offices of a local 
authority, and the provision to be made for the 
immediate payment of any expenses of the com- 



27 

mittee which are ultimately to be paid by 
the Treasury. 

(2) The regulations shall provide for enabling claimants 
for pensions to make their claims and obtain information 
as respects old-age pensions under this Act through the 
Post Office, and for provisionally allowing claims to 
pensions before the date on which the claimant will 
become actually entitled to the pension, and for notice 
being given by registrars of births and deaths to the 
pension officers or local pension committees of every death 
of a person over seventy registered by them, in such 
manner and subject to such conditions as may be laid 
down by the regulations, and for making the procedure 
for considering and determining on any claim for a 
pension or question with respect to an old-age pension 
under this Act as simple as possible. 

(3) Every regulation under this Act shall be laid before 
each House of Parliament forthwith, and, if an address 
is presented to His Majesty by either House of Parliament 
within the next subsequent twenty-one days on which that 
House has sat next after any such regulation is laid before 
it, praying that the regulation may be annulled, His 
Majesty in Council may annul the regulation, and it shall 
thenceforth be void, but without prejudice to the validity 
of anything previously done thereunder. 

(4) Any expenses incurred by the Treasury in carrying 
this Act into effect, and the expenses of the Local Govern- 
ment Board and the local pension committees under this 
Act up to an amount approved by the Treasury, shall be 
defrayed out of moneys provided by Parliament. 

Note to section 10. 

The Regulations made under this section are set out fost, as 
well as the financial instructions for pension committees and sub- 
committees made by the Treasury alone. It would appear that 



28 

these Regulations are only provisional, and that others will probably 
be issued at a later date. One of the most important of these 
Regulations is No. 37, which enables the Local Government Board 
and the Treasury to dispense with compliance with any of the 
Regulations, or make any Orders, or give any directions otherwise 
necessary for the purpose of bringing the Act into effect. 

The pension committee will have nothing whatever to do with 
the payment of pensions, as this will be carried out by the officials 
of the Government alone. Having once given their decision as 
to the eligibility of a claimant for a pension, the local pension 
committee will not have to concern themselves with any question 
which might arise under section 3 of the Act as to whether a 
pensioner has become disqualified for continuing to receive an 
old-age pension, unless any such question is raised by the pension 
officer under Regulation 17 (2), and is submitted to the committee 
for their consideration and determination. 

Expenses incurred by local pension committees will be defrayed 
out of funds to be supplied by the Treasury, and the '^ Financial 
Instructions," set out post, at page 134, show what expenses can 
be legitimately incurred. It is imderstood to be the intention of 
the Government to provide almost everything which pension com- 
mittees are likely to require in the way of books and forms; as 
registers, minute books, and forms for reports and corre- 
spondence will be supplied by His Majesty's Stationery 
(Office on application. The local pension committee, although 
appointed by the county council, borough council, or urban district 
council, is not itself a local authority, but is an entirely new body 
acting as the local agent of the Crown. Its position is somewhat 
similar to that of the local income tax commissioners. Its accounts 
will not be subject to audit by the district auditors of the Local 
Government Board, but will be rendered to the Treasury under 
paragraph 9 of -the Financial Instructions. Under Regulation 25 of 
the "Old-Age Pensions Regulations," the council by whom any 
committee is appointed is required from time to time to advance, 
such sums as may be necessary to provide for the payment of the 
expenses properly incurred by any committee and sub-committee. 
The sums so advanced are to be repaid to the council at such 
time and in such manner as the Treasury think fit (Regu- 
lation 25 {2)). No provision is made for defraying any expenses 
that may have been inadvertently incurred by a committee and 
are not repaid by the Treasury. It is probable that in any such 
case the council which has advanced moneys to a committee, and 
cannot recover the whole of them, would have to apply to the 
Local Government Board for sanction, under the Local Authorities 
(Expenses) Act, 1887, to charge the deficiency in their accounts. 
This, however, would not have to be done by a municipal cor- 
poration, as the advances would be made out of the borough fund, 
the accounts of which are not subject to Government audit. 



29 



Application to Scotland, Ireland, and the Scilly 

Isles. 

II. — (i) In the application of this Act to Scotland, the 
expression ** Local Ciovernment Board '* means the Local 
Government Board for Scotland ; the expression 
"borough" means royal or parliamentary burgh; the 
expression ** urban district" means police burgh; the 
population limit for boroughs and urban districts shall 
not apply; and the expression " Lunacy Act, 1890," 
means the Lunacy (Scotland) Acts, 1857 to 1900. 

(2) In the application of this Act to Ireland, the ex- 
pression *' Local Government Board " means the Local 
Government Board for Ireland ; ten thousand shall be 
substituted for twenty thousand as the population limit 
for boroughs and urban districts; and the expression 
** asylum within the meaning of the Lunacy Act, 1890," 
means a lunatic asylum within the meaning of the Local 
Government (Ireland) Act, 1898. 

(3) In the application of this Act to the Isles of Scilly, 
those isles shall be deemed to be a county and the council 
of those isles the council of a county. 



Note to section 11. 

Scotland. — The Central Pension Authority is the Local Govern- 
ment Board for Scotland, and the local authorities by whom pension 
committees are to be appointed are the councils of counties and 
the councils of Royal or Parliamentary burghs, and police burghs. 
There are no urban districts as such in Scotland. As the popula- 
tion limit does not apply, every burgh in Scotland will appoint a 
pension committee. A list of counties and burghs is given in the 
Appendix, /(?j/, p. 143. 

Ireland. — The Central Pension Authority is the Local Govern- 
ment Board for Ireland, and the local authorities by whom pension 
committees are to be appointed are the councils of counties and 



30 



of boronghs and urban districts liaving populations of 10,000 and 
upwards. A list of counties, boroughs, and urban districts is giTcn 
in the Appendix, post, p. 147. 

Isles of Scilly. — ^There is a local Council for these Isles which 
was constituted under an Order of the Local Government Board, 
and that Council will be the authority to appoint the pension 
committee. 



Commencement and Short Title. 

12. — (i) A person shall not be entitled to the receipt of 
an old-age pension under this Act until the first day of 
January nineteen hundred and nine and no such pension 
rfiall begin to accrue until that day. 

(2) This Act may be cited as the Old-Age Pensions Act, 
1908. 



SCHEDULE. 



Means of Pensioner. 



Kate of Pension 
per Week. 



Where the yeariy means of the Pensioner as calculated 
under this Act — 

Do not exceed £,z\ - 

Exceed ;f 21, bat do not exceed ;f 23 12s. 6d. 

Exceed £2.'^ 12s. 6d., but do not exceed j£^26 5s.- 

Exceed ;f 26 5s., but do not excee«l £7.% 17s. 6d. - 

Exceed '£'2& 17s. 6d., but do not exceed /31 los.- 

Exceed;f3i los. 



s. d. 

5 o 

4 o 

3 o 

2 o 

I o 
No pension 



3t 



OLD-AGE PENSIONS REGULATIONS, 

Dated October 15, 1908. 

In pursuance of section ten ot the Old-Age Pensions 
Act, 1908, the Lords Commissioners of His i\!ajesty's 
Treasury, in conjunction with the Local Government 
Board and the Postmaster-General, hereby make the 
following Regulations : — 

General Provisions. 
Short Title, 

I. These Regulations may be cited as the Old- Age 
Pensions Regulations, 1908. 

Interpretation, 

2. — (i) In these Regulations, unless the context other- 
wise requires — 

'* The Act '' means the Old- Age Pensions Act, 1908 : 

'* The committee '' means the local pension committee 
under the Act, and includes, with regard to any 
matter delegated to a sub-committee under sub- 
section (2) of section eight of the Act, the sub- 
committee to which the matter is delegated : 

*' The pension officer " means the pension officer to 
whom any claim or question is referred ; 

** District '' means the area for which any pension* 
officer is appointed to act : 

'* Pension " means an old-age pension under the Act : 

'* Claim '* means a claim to a pension : 

*^ Claimant " means a person by whom a claim has 
been made : 

'* Pensioner '* means a person in receipt of a pension. 



32 

(2) The Interpretation Act, 1889, applies for the pur- 
pose of the interpretation of Ihese Regulations as it 
applies for the purpose of the interpretation of an Act of 
Parliament. 

Note. 

The following are the enactments in the Interpretation Act, 1889, 
which are here rendered applicable to the interpretation of the 
Regulations. It must be remembered that they also apply to the 
interpretation of the Act itself : — 

I. Unless the contrary intention appears — 
{a) words importing the masculine gender shall include females ; 

and 
{b) words in the singular shall include the plural, and words 
in the plural shall include the singular. 
3. The expression "month" shall mean calendar month. 

20. Expressions referring to writing shall, unless the contrary 
intention appears, be construed as including references to printing, 
lithography, photography, and other modes of representing or re- 
producing words in a visible form. 

26. Where an Act passed after the commencement of this Act 
authorises or requires any document to be served by post, whether 
the expression "serve," or the expression "give" or "send," or 
any other expression is used, then, unless the contrary intention 
appears, the service shall be deemed to be effected by properly 
addressing, prepaying, and posting a letter containing the docu- 
ment, and unless the contrary is proved to have been effected al 
the time at which the letter would be delivered in the ordinary 
course of post. 

30. In this Act and in every other Act, whether passed before 
or after the commencement of this Act, references to the Sovereign 
reigning at the time of the passing of the Act or to the Crown 
shall, unless the contrary intention appears, be construed as refer- 
ences to the Sovereign for the time being, and this Act shall be 
binding on the Crown. 

31. Where any Act, whether passed before or after the com- 
mencement of this Act, confers power to make, grant, or issue 
any instrument, that is to say, any Order in Council, order, warrant, 
scheme, letters patent, rules, regulations, or bye-laws, expressions 
used in the instrument, if it is made after the commencement of 
this Act, shall, unless the contrary intention appears, have the same 
respective meanings as in the Act conferring the power. 

32. — (i) Where an Act passed after the commencement of this 
Act confers a power or imposes a duty, then, unless the contrary 
intention appears, the power may be exercised and the duty shall 
be performed from time to time as occasion requires. 



33 

(2) Where an Act passed after the commencement of this Act 
confers a power or imposes a duty on the holder of an office, as 
such, then, unless the contrary intention appears, the power may 
be exercised and the duty shall be performed by the holder for the 
time being of the office. 

(3) Where an Act passed after the commencement of this Act 
confers a power to make any rules, regulations, or bye-laws, the 
power shall, unless the contrary intention appears, be construed 
as including a power exercisable in the like manner and subject 
to the like consent and conditions, if any, to rescind, revoke, amend, 
or vary the rules, regulations, or bye-laws. 

Application to Scotland and Ireland. 

3. — (i) In the application of these Regulations to 
Scotland — 

The expression ** Local Government Board '' means 
the Local Government Board for Scotland; the 
expression *' Registrar- General of Births, Deaths, 
and Marriages m England '* means the registrar- 
general of births, deaths, and marriages in Scot- 
land, appointed under the Registration of Births, 
Deaths, and Marriages (Scotland) Act, 1854, and 
the Acts amending the same; and the expression 
** sub-district '' means ** registration district," 
and the reference to an urban district council shall 
not apply ; 

The expression *' county fund '* means ** the county 
general purposes rate ' ' ; the expression * * borough 
council " means *^ town council ''; the expression 
'* borough fund '' means *' the burgh general 
improvement or other assessment." 

(2) In the application of these Regulations to Ireland — 
The expression ** Local Government Board " means 
the Local Government Board for Ireland; and the 
expression '* Registrar- General of Births, Deaths, 
and Marriages in England " means the registrar- 
general of births and deaths in Ireland appointed 
under the Registration of Births and Deaths 
(Ireland) Act. 



34 

Provisions as to Sending of Notices, 
4. — (i) Any notice or other document required 01 
authorised to be sent for the purpose of these Regulations 
shall be in writing. 

(2) Any notice or other document required or author- 
ised to be sent to any person for the purpose of these 
Regulations shall be deemed to be duly sent if sent by 
post addressed to that person at his ordinary address or, 
in the case of a committee or sub-committee, addressed to 
the clerk of the committee or sub-committee at his usual 
office. 

Use of Scheduled Forms. 

5. The forms set out in the First Schedule to these 
Regulations, or forms to the like effect, shall be used in 
all cases to which those forms are applicable. 



Making of Claims. 

Method of Making Claim, 

6. — (i) Every person who desires to make a claim must 
fill up a form of claim, and deliver the form when filled 
up either to the postmaster of the post office at which he 
desires that the pension should be payable or to the 
pension officer. 

(2) The Postmaster- General shall furnish to every post- 
master printed forms of claims, and every postmaster 
shall, on application being made to him for the purpose, 
supply a form of claim gratis to any person who desires 
to make a claim. 

(3) Every postmaster shall, if any person who desires 
to make a claim requests him so to do, give to that person 
such information and such assistance, in filling, up the 



35 

form of claim as it is in his power to give and as may be 
necessary to enable that person to fill up the form pro- 
perly. [Form No. i.] 

Transmission of Claims to Pension Officer or to 
Committee. 

7. — (i) Every postmaster upon delivery to him of a 
claim to a pension shall, unless he has received from the 
committee appointed for the area in which the claimant 
resides directions that claims shall be sent to the com- 
mittee, forthwith send the claim to the pension officer : 

Provided that if the committee give any such direction 
as aforesaid, the postmaster shall instead of sending the 
claim to the pension officer send it to the committee, or 
where the committee have appointed a sub-committee for 
the area in which the claimant resides, and the committee 
have sent notice to the postmaster requiring him so to do, 
shall send the claim to the sub-committee instead of to the 
committee. 

(2) As soon as may be after the receipt thereof, any 
claim so sent to a committee or sub-committee shall be 
transmitted by the clerk of the committee or sub-committee 
to the pension officer. 

Investigation and Determination of Claims by 
Pension Officers and Committees. 

Register of Claims. 

8. — ( I ) The pension officer shall keep a register of all claims 
referred to him, and on receiving any claim, shall, subject 
to these Regulations, forthwith cause the claim to be 
registered in such manner as the Treasury prescribe, and 
shall number all claims consecutively in the order in which 
they are entered in the register. 

(2) The pension officer shall also enter in the register of 
claims such particulars as the Treasury prescribe of every 



36 

decision of the committee or of the Local Government 
Board on or in reference to any claim entered in his 
register, or on or in reference to any question raised in 
connection with any pension allowed on any such claim. 

Investigation of Claim by Pension Oificer, 
9. — (i) As soon as may be after receiving any claim, 
the pension officer shall take all necessary steps for inves- 
tigating the claim for the purpose of ascertaining whether 
the claimant is entitled to a pension, and if he is so 
entitled, to what rate of pension : 

Provided that — 

(a) where a claim previously made by the claimant 

within four months of his present claim has 
been disallowed, and the claimant does not 
satisfy the pension officer that there is prima 
facie reason to believe that the ground on 
which the former claim was disallowed is no 
longer in operation ; or 

(b) where a claim on the face of it discloses that the 

claimant does not fulfil the statutory condi- 
tions ; 
the pension officer shall not be bound to investigate the 
claim, but in any case in which the pension officer decides 
under this provision not to investigate a claim he shall 
make a special report to the committee stating his reasons 
for not investigating the claim. 

(2) Subject to compliance with the instructions set out 
in the Second Schedule to these Regulations and to any 
further instructions issued for the guidance of pension 
officers, the pension officer shall investigate the claim in 
such manner as he thinks best fitted for the purpose. 

Report of Pension Officer, 

10. The pension officer shall send to the committee his 
reports on any claims investigated by him, and any special 
reports on any claims which he has decided not to inves- 



37 

tigate, on such date or dates in each month as the Treasury 
may direct for the purpose, and shall annex to every 
report sent by him to the committee the original claim and 
(except in the case of a special report) a statement of the 
inquiries made by him in reference to the claim and of 
the result of those inquiries, and, unless he is satisfied that 
the yearly means of the claimant do not exceed ;£2i, and 
so states in the report, a summary of the income, property, 
and other yearly means of the claimant. [Form No. 2.] 

Meetings for Consideration of Claims, 

II. — (i) Not later than seven days after the receipt of 
the report of the pension officer on any claim a meeting of 
the committee shall be held for the purpose of considering 
the claim. 

(2) At the meeting held for the consideration of a claim 
the committee shall consider the claim together with the 
report of the pension officer, and any other evidence or 
information laid before them, and the committee may at 
any time, if they think necessary, require the pension 
officer to procure any further information which it is in 
his power to procure in reference to any matter to be con- 
sidered by the committee. 

(3) The pension officer shall be entitled to attend any 
meeting held for considering any claim and to speak but 
not to vote thereat. 

Note. 
The pension ofl&cer is entitled to attend meetings of committees, 
but as he is not an officer of the committee he cannot be required 
to attend any meeting of a committee. 

Notice of Meetings for Considering Claims, 

12. Not less than three clear days before the day of the 
meeting at which any claims are to be considered, the 
committee shall send to the pension officer a notice stating 
that a meeting for the consideration of claims will be held 
on that day, and specifying the claims which will be con- 
sidered at that meeting. [Form No. 3.] • 

E 2 



38 



Determination of Claim where Committee agree with 
Pension Oificer that Claim should he allowed. 

13. In any case in which the pension officer has reported 
that the claim may properly be allowed and the committee 
after considering the claim agree with the report of the 
pension officer, the committee shall forthwith allow the 
claim and send notice of their decision to the pension 
officer and the claimant. [Form No. 4.] 

Procedure for Determination of Claim in other Cases. 

14. — (i) In any case in which the pension officer has 
reported that the claim cannot properly be allowed, and 
the committee, after considering the claim, agree with the 
report of the pension officer, the committee shall not give 
their final decision on the claim without giving the 
claimant an opportunity of being heard. 

(2) If on considering any claim the committee disagree 
as respects any matter with the report of the pension 
officer, or if they consider that for any other reason the 
claim requires further consideration, the committee shall 
not proceed to give their final decision on the claim with- 
out making such further investigation as the committee 
think necessary, and also, if the case is one in which the 
committee think the matter ought to be decided adversely 
to the claimant, without giving the claimant an oppor- 
tunity of being heard. 

(3) The committee may, if necessary for the purpose of 
making any further investigation or of giving a claimant 
the opportunity of being heard, adjourn the consideration 
of any claim, and where the consideration of any claim 
is so adjourned, an adjourned meeting for the furthei 
consideration of the claim shall be held not more than 
one month after the date of the original meeting, and the 
committee shall send notice to the claimant of the ad- 
jo'jrnment of the consideration of the claim, and of the 



39 

day fixed for the further consideration of the claim. 
[Form No. 6.] 

(4) The claimant shall be entitled to attend and be 
heard at any such adjourned meeting, and the committee 
after hearing the claimant (if he desires to be heard), and, 
after considering any other evidence or information which 
they have been able to obtain, shall give their decision on 
the claim, and shall forthwith send notice of the decision 
to the pension officer and the claimant. [Forms Nos. 4 
and 5.] 

(5) In any case where a claim is disallowed, the notice 
to be sent to the claimant under this Regulation shall 
state the grounds upon which the claim has been dis- 
allowed and that the claimant is entitled to appeal to the 
Local Government Board against the decision of the 
committee. 

Committee to fix and specify rate of Pension. 

15. In any case where a claim is allowed, the com- 
mittee must fix the weekly rate of pension to which the 
pensioner is entitled and specify the rate in the notice of 
their decision. 

Provisional Allowance of Claims, 

16. A claim may be made and provisionally allowed at 
any time not exceeding four months before the date on 
which the claimant will become entitled to receive his 
pension. 



Raising and Determination of Questions. 

Raising and determination of Questions as to continuance 
of fulfilment of Statutory Conditions, &*c. 

17. — (i) If any pensioner desires to raise any question 
as to the weekly rate of pension to which he is entitled., 



40 

he may send a statement of the question together with a 
summary of any evidence in support of his allegations to 
the pension officer of the district in which the pension is 
payable, and the pension officer shall investigate and 
(subject to the provisions of this Regulation) report on the 
question in the same manner mutatis mutandis as he is by 
these Regulations required to do in the case of a claim : 

Provided that if in any case the pension officer is satis- 
fied that there is no evidence in support of the allegations 
made by the pensioner, the pension officer shall not be 
bound to make any report on the question. 

(2) If the pension officer of the district in which any 
pension is payable himself desires to raise any question as 
to the continuance in the case of the pensioner of the ful- 
filment of the statutory conditions, or as to the disquali- 
fication of the pensioner, or any question as to the weekly 
rate of pension to which the pensioner is entitled, he may 
do so by submitting the question together with his report 
thereon for consideration and determination by the com- 
mittee. 

The pension officer shall take into consideration any 
representation which may be made by any person that any 
such question as aforesaid ought to be investigated, and 
shall, if he considers it necessary so to do, investigate and 
report on the question accordingly. 

(3) Where a committee receive a report from the pen- 
sion officer as respects any such question as aforesaid they 
shall consider and determine the question in the same 
manner mutatis mutandis as they are by these Regulations 
required to do in the case of a claim. [Forms Nos. 7 
and 8. ] 



41 

Appeals. 

Provisions as to time and manner of Appeal , &*c. 
1 8. — (i) The pension officer or any person aggrieved 
who desires to appeal to the Local Government Board 
against a decision of the committee may do so by sending 
to the Board notice of appeal within seven days after the 
date of the decision, or, if the appellant is a person to 
whom notice of the decision is required to be sent under 
these Regulations, within seven days after the receipt of 
the notice by him. [Form No. 9.] 

(2) The person appealing must at the time of sending 
his notice of appeal to the Local Government Board, also 
send to the committee a notification that he has so ap- 
pealed, and the committee shall forthwith after receiving 
the notification send to the Board the claim or question in 
respect of which the appeal is brought, the report of the 
pension officer upon the claim or question, a statement of 
the decision of the committee thereon, and all other 
documents in the possession of the committee relating 
thereto. [Form No. 10.] 

(3) Except where the appeal is brought by a claimant 
or a pensioner, the committee shall send notice to the 
claimant or pensioner informing him that the appeal has 
been brought. [Form No. 11.] 

(4) The clerk of the committee shall supply gratis to any 
person desiring to appeal a form of notice of appeal and 
a form of notification to the committee of an appeal 
having been made. 

Procedure of Local Government Board on Appeals, 

19. — (i) In the case of any appeal to the Local Govern- 
ment Board the Board shall cause such inquiry to be held, 
or take such other steps as they think necessary for the 
purpose of enabling them to come to a proper decision in 
the case. 



42 

(2) Notice of every decision of the Board shall forth- 
with be sent to the committee, and the committee shall on 
receiving any such notice send information thereof to the 
pension officer and to the claimant or pensioner, and like- 
wise (if the appellant is a person aggrieved other than 
the claimant or pensioner) to the appellant. [Forms 
Nos. 12 and 13.] 

Applications to Local Government Board where 
Committee Refuse or Neglect to Determine 
Matter. 

Apflications to Local Government Board by fersons 
aggrieved by refusal or neglect of Committee to 
consider claim, dfc. 

20. — (i) An application to the Local Government Board 
under paragraph (d) of subsection (i) of section seven of 
the Act by a person aggrieved by the refusal or neglect of 
a committee to consider a claim, or determine any ques- 
tion, may be made by sending to the Board a notice in 
writing stating that the applicant is so aggrieved, and 
specifying the date on which the claim was made or the 
question referred to the committee, as the case may be. 

(2) If the Board do not consider that the committee 
have refused or neglected to consider and determine the 
claim or question within a reasonable time, the Board shall 
inform the applicant accordingly. 

(3) The provisions of these regulations relating to the 
procedure of the Local Government Board on appeals 
shall apply in the case of applications to the Board under 
the above-mentioned provision of the Act as they apply m 
the case of appeals to the Board. 

Local Pension Committees and Sub-Committees. 

Constitution, Chairman, and Proceedings of Local 
Pension Committee, 

21. — (i) A local pension committee shall consist of such 



43 

number of persons, not being less than seven nor more 
than the number of the council by whom the committee is 
appointed, as the council may determine. 

(2) The council by whom a committee is appointed may 
make regulations as to the quorum, proceedings, and place 
of meeting of the committee, but subject to any such regu- 
lations, the quorum, proceedings, and place of meeting of 
the committee shall be such as the committee determine : 

Provided that the quorum shall in no case be less than 
three. 

(3) The term of office of a person appointed to be a 
member of a committee shall be three years or such less 
term as may be fixed by the appointing council at the time 
of the appointment, and any person on ceasing to be a 
member of a committee may be re- appointed : 

Provided that — 

(a) if any person so appointed is a member of the 

appointing council, he shall cease to be a 
member of the committee if he ceases to be a 
member of that council ; and 

(b) a member of the committee may resign by send- 

ing to the clerk of the appointing council 
notice of his desire so to do ; and 

(c) a member whose office expires by effluxion of time 

shall continue to hold office until his successor 
is appointed ; and 

(d) the appointing council may, if they think fit, at 

any time remove any member of a committee 
and appoint another person to be a member of 
the committee in his place ; and 

(e) if a member of the committee is absent from 

meetings of the committee for more than six 
months consecutively, excejpt in case of illness 
or for some reason approved by the committee, 
his office shall on the expiration of those 
months become vacant. 



44 

(4) If any vacancy occurs in a committee by death, 
resignation, or otherwise, the clerk of the committee shall 
forthwith send notice of the vacancy to the clerk of the 
appointing council, and that council shall as soon as 
possible fill up the vacancy. 

(5) A committee shall appoint some member of the 
committee to be chairman of the committee, and the person 
so appointed shall, if he so long remains a member of the 
committee, hold office as chairman for such period, not 
being less than twelve months, as may be specified in the 
resolution of the committee under which he is so 
appointed. 

(6) Every question at a meeting of the committee shall 
be determined by a majority of the votes of the members 
of the committee present and voting on the question, and, 
in case of an equal division of votes, the chairman of the 
meeting shall have a second or casting vote. 

(7) The proceedings of a committee shall not be in- 
validated by any vacancy in their number or by any defect 
in the appointment of any member of the committee. 

Use by Committees of Oifices of Local Authorities, and 
provisions in case there are no such Offices available. 

22. — (i) A committee shall, for the purpose of any of 
the meetings of the committee under these Regulations, be 
entitled to use free of charge (except such charge as may 
be approved by the Treasury for heating, lighting, or 
cleaning), at all reasonable times, and after reasonable 
notice, any offices of any local authority situate in the 
area of the council by which the committee is appointed. 

(2) If any question arises under this Regulation as to 
what is reasonable, it may be determined by the Local 
Government Board. 

(3) If in any case there are no offices of any local 



45 

authority available for use by a committee and the com- 
mittee are unable to obtain the use of any room free of 
charge, the committee may hire such room as may be 
required for the purpose of any meeting of the committee : 
Provided that; — 

(a) the cost of hiring any such room shall not exceed 

the scale fixed for the purpose by the Treasury ; 
and 

(b) except with the sanction of the Local Government 

Board (which sanction shall only be given when 
no other suitable room is available either free 
of charge or at a cost not exceeding such scale 
as aforesaid) a committee shall not hold a 
meeting on any licensed premises, nor shall 
any such premises be used, without such sanc- 
tion, as an office of the committee or for any 
purpose of or incidental to the business of the 
committee. 
(4) In this Regulation the expression " committee " 
(except where the context otherwise requires) includes a 
sub-committee, and the expression " licensed premises " 
means premises licensed for the sale of intoxicating liquor, 
and includes any club at which such liquor is supplied. 

Appointment of Clerk of Committee, 

23. — (i) Every committee shall appoint some fit person 
to be clerk of the committee, to hold office during the 
pleasure of the committee. 

(2) The committee may assign to the clerk such remu- 
neration as the committee think fit, not being in excess of 
the scale fixed for the purpose by the Treasury. 

(3) The clerk of every committee shall keep a record in 
such form and containing such particulars as the Local 
Government Board direct of all claims and questions in 
respect of which a report is sent to the committee by the 
pension officer, and of the decision of the committee 
thereon. 



46 

(4) The clerk of every committee shall immediately 
upon his appointment notify the appointment, together 
with his name and address, to the Local Government 
Board. [Form No. 14.] 

(5) In this Regulation the expression '* committee '' 
includes a sub-committee, except that in the case of the 
clerk to a sub-committee the remuneration shall be 
assigned by the committee. 

Provisions as to Suh -Committees, 
24. — (i) Every committee by whom a sub-committee is 
appointed under the Act shall send notice of the appoint- 
ment to the Local Government Board and to such pension 
officer as the Board direct, and the notice so sent shall 
specify the area for which the sub-committee is appointed 
to act, and shall state which of the powers and duties of 
the committee have been delegated to the sub-committee. 
[Form No. 15.] 

(2) A sub-committee shall consist of such number of 
members, not being less than five nor more than nine, as 
the committee may determine. 

Provided that the Local Government Board may in 
special circumstances authorise a smaller or a greater 
number. 

(3) Subject as aforesaid, the provisions of these Regu- 
lations relating to the constitution, chairman, and pro- 
ceedings of committees shall apply to sub-committees as 
they apply to committees, with the substitution of the 
committee for the appointing council, and of the sub- 
committee for the committee. 

Miscellaneous. 

Provision for immediate payment of Expenses of 
Committees. 
25. — (i) For the purpose of providing for the imme- 
diate payment of any expenses properly incurred by any 
committee (including any expenses properly incurred by 



47 

any sub-committees appointed by the committee) the 
council by whom the committee was appointed shall from 
time to time advance such sums as may be necessary to 
provide for the payment of those expenses. 

(2) Any sums so advanced by a council shall, notwith- 
standing any statutory provision to the contrary, be pro- 
vided, in the case of a county council out of the county 
fund, in the case of a borough council out of the borough 
fund, and in the case of any other urban district council 
out of any fund out of which expenses incurred in the 
execution of the Public Health Acts may be paid, and 
shall be repaid to the council at such time and otherwise 
in such manner as the Treasury think fit. 

(3) The Treasury may, for the purpose of providing 
for the payment by any such council of any such expenses, 
if they think fit so to do, advance to the council such sums 
as the Treasury think proper for the purpose, and the 
council shall apply the sums so advanced accordingly. 

(4) Every council to whom any sums are so advanced 
by the Treasury shall render to the Treasury such accounts 
in respect of the sums advanced as the Treasury may 
require. 

Note. 

It is provided by section 10 (3) of the Act that if an address is 
presented to His Majesty by either House of Parliament a Regula- 
tion may be annulled. 

On the 29th October, 1908, the House of Lords, on the motion 
of the Earl of Camperdown, resolved : " That a humble address 
be presented to His Majesty, pra)nng that His Majesty will annul 
Regulation No. 25, which has been laid before Parliament in pur- 
suamce of the Old-Age Pensions Act, 1908." The part of the 
Regulation which the noble Earl objected to is as follows : " For 
the purpose of providing for the immediate payment of any expenses 
properly incurred by any committee, the council by whom the 
committee was appointed shall from time to time advance such 
sums as may be necessary to provide for the payment of such 
expenses." The Treasury and the Local Government Board, said 
the noble Earl, seemed to impose on the county councils a charge 
which there was no legal authority to impose. In fact, there was 



48 

an attempt on the part of the Government Departments to dispense 
with the statute, such action being in his view, and in that of the 
Earl of Halsbuiy, wha unfortunately could not be present, illegal 
and unconstitutional. The county council and its old-age pension 
committee had no jwwer to advance any money, and the words 
of the Treasury Regulation — which later declared "any statutory 
provision to the contrary notwithstanding" — showed that the 
Department was arrogating to itself the powers of Parliament. 

Up to the date of this book going to press no action had been 
taken in the matter, and as the Lord Chancellor did not agree with 
the view embodied in the resolution it is probable that nothing 
further will be done. 

Provision as to Evidence on Determination of Claim, 

26. The Local Government Board or any committee 
may for the purpose of determining any claim or question 
which is to be determined by the Board or the committee, 
have regard to any such evidence or information as in the 
opinion of the Board or committee is sufficient for the 
purpose, and is the best evidence or information which it 
is reasonably possible to obtain. 

Provision as to Dates being Directory, 

27. Any failure on the part of any pension officer or 
any committee to comply with any requirements of these 
Regulations or of any directions given by virtue of these 
Regulations as to the time withui which any proceedings 
are to be taken, or any things are to be done, or as to the 
notice to be given of meetings for the consideration of 
claims, shall not of itself render invalid the decision of 
the committee on any claim or question. 

Returns by Registrars of Births and Deaths, 

28. — (i) The registrar of births and deaths of every 
sub-district shall once in every week send to such pension 
officer or pension officers in his sub-district as the Treasury 
may through the Registrar- General of Births, Deaths, and 
Marriages in England direct, a return in respect of all 



49 

deaths of persons of the age of seventy years or upwards 
which have Ijeen registered by him in the week imme- 
diately preceding the date of the return. ' 

(2) The registrar shall be entitled to a fee of twopence 
•for every return sent by him under this regulation, whether 
the return contains any entry of any death or not, and in 
addition to a fee of twopence for every death entered in 
a return. 

(3) The return under this Regulation shall be in such 
form as the Registrar- General, with the consent of the 
Treasury, prescribes, and in prescribing the form, regard 
shall be had to the desirability of the form following so 
far as possible the form of a certificate of death. 

(4) Forms necessary for the purpose of the return shall 
be supplied by the Registrar- General to every registrar of 
births and deaths. 

(5) The first return under this Regulation shall be made 
in respect of the week ending the fifth day of December 
nineteen hundred and eight. 

Definition of Residence, 

29. For the purpose of the statutory condition relating 
to residence, the expression ** residence '' shall mean 
actual presence in the United Kingdom, uninterrupted 
otherwise than by temporary absences, and 

(a) A person (being a claimant) shall be deemed to have 
been temporarily absent — 

(i) If before the absence he was living in 
the United Kingdom and throughout the ab- 
sence he was employed in the service of the 
Crown as a soldier, sailor, or otherwise, or was 
in the service of anyone so employed : Pro- 
vided that for the purposes of this provision a 
person shall not be deemed to be in the service 



so 

of the Crown unless his remuneration is paid 
out of moneys provided by the Parliament of 
the United Kingdom; or 

(ii) If before the absence he was living in 
the United Kingdom and throughout the ab- 
sence he was serving on board a vessel regis- 
tered in the United Kingdom ; or 

(iii) If throughout the absence his home 
was in the United Kingdom : Provided that a 
person shall not be deemed for the purposes of 
this provision to have had his home in the 
United Kingdom during any absences (other 
than absences to which paragraphs (i) and 
(ii) of this Regulation apply) which occurred 
wholly or partly within the period of twenty 
years prescribed by subsection (2) of section 2 
of the Act, if the aggregate of those absences 
since the beginning of the earliest of them 
exceeds eight years : 

(b) A person (being a pensioner) shall be deemed to 
have been temporarily absent if he is absent for 
any period not exceeding three months at any one 
time. 

Definition of *' proper provision " for the purpose of 
s. 3 (i) (b) of the Act, 

30. A person shall be regarded for the purpose of the 
proviso to paragraph (b) of subsection (i) of section three 
of the Act as having made proper provision against old 
age, sickness, infirmity, or want or loss of employment, 
if he has continuously for ten years up to attaining the 
age of sixty, by means of payments to friendly, provident, 
or other societies, or trade unions, or other approved 
steps, made provision to secure for himself free from any 



51 

deductions or incumbrances any of the following benefits 
or advantages : — 

(i) The right to receive during any period of sickness, 
not less than seven shillings and sixpence a week 
during the first twenty-six weeks (or alterna- 
tively not less than fifteen shillings a week for 
the first thirteen weeks) of the period, and not 
less than two shillings a week for the remainder 
of the period : 

(2) The right to receive not less than five shillings a 

week during want or loss of employment : 

(3) The right to receive not less than three shillings a 

week for life either on becoming permanently 
incapacitated or upon the attainment of any 
specified age not exceeding seventy : 

(4) The right to receive not less than five shillings a 

week upon the attainment of any age not ex- 
ceeding sixty-five until the attainment of the age 
of seventy : 

(5) The right to receive not less than two shillings a 

week upon the attainment of any age not exceed- 
ing sixty until the attainment of the age of 
seventy : 

(6) The right to receive a capital sum of not less than 

fifty pounds upon the attainment of any specified 
age not exceeding seventy : 

(7) The possession, upon the attainment of the age of 

sixty, of accumulated savings, or of property 
purchased out of accumulated savings, to the 
value of not less than fifty pounds. 

Disposal of Documents, 
31. — (i) As soon as may be after the Local Govern- 
ment Board have given their decision on any claim or 
question, or after the decision of the committee on any 



52 

claim or question has become final, the Board or the com- 
mittee, as the case may be, shall return the claim or ques- 
tion and all documents relating thereto in their possession 
to the pension officer. 

(2) Subject as herein-after provided, the pension officer 
shall preserve all such documents for such period after 
the date of the decision on the claim or question, as the 
Treasun^ may determine, and on the expiration of that 
period they shall be destroyed or otherwise disposed of 
in such mianner as the Treasurj' may direct. 

(3) If a pensioner removes from the district of one 
pension officer to the district of another pension officer, 
the first-named pension officer shall transmit to the other 
pension officer all documents in his possession relating to 
the pensioner or to his claim, together with a copy of the 
entries in the register of claims relating thereto. 

Issue of Books of Pension Orders. 

32. — (i) It shall be the duty of the pension officer, in 
every case in which there is a final decision allowing a 
claim, to issue to the claimant a book of pension orders 
not later than the date on which the first payment in 
respect of the pension is to be made. 

(2) On every issue to a pensioner of a fresh book of 
pension orders the pension officer shall require the pen- 
sioiier to sign a statement in writing to the effect that to 
the best of his belief his yearly means have not increased 
so as to disentitle him to receive a pension at the weekly 
rate at which he was previously receiving the pension, and 
that to the best of his belief he is not disqualified for con- 
tinuing to receive a pension. [Form No. 16.] 

Instructions by Postmaster -General to Postmasters, 

T^2i' The Postmaster- General shall issue to all post- 
masters such instructions as he thinks necessary for the 
purpose of giving effect to these Regulations. 



53 

Pension O fleers to obey directions of Commissioners 
of Inland Revenue, 

34. Subject to the provisions of the Act and of these 
Regulations, every person appointed as a pension officer 
shall in the execution of his office observe and follow the 
orders, instructions, and directions of the Commissioners 
of Inland Revenue. 

Information to be supplied by Poor Law Officers. 

35. For the purpose of enabling a pension officer to 
ascertain whether any person is disqualified by reason of 
the receipt of poor relief for receiving or continuing to 
receive a pension, every officer or person acting in the 
administration of the relief of the poor shall, if so re- 
quested to do by the pension officer, supply to the pension 
officer such information as it is in his power to give as 
respects any person who is or has been in receipt of poor 
relief. 

Temporary Provisions. 

Provisions as to First Appointment and First Meetings 
of Committees, 
36.^ — (i) Every council by whom a local })ension com- 
mittee has not been appointed before the date of these Regu- 
lations shall forthwith hold a meeting for the purpose of 
appointing the committee, and the council shall have full 
power to appoint the committee at that meeting or any 
adjournment thereof, notwithstanding that any standing 
orders or regulations relating to the notices to be given 
of business to be transacted at meetings of the council 
have not been complied with. 

(2) The first meeting of the committee shall be con- 
vened by the clerk of the council as soon as may be after 
the committee has been appointed. 

(3) If the appointing council so direct, the first meeting 
f»f the committee may subject as herein-after provided be 
held without any notice immediately after the appoint 
ment of the committee : 

F 2 



54 

Provided that where any persons other than members 
of the appointing council are appointed as members of the 
(X)mmittee, the meeting shall not be held unless all those 
persons have been informed of their appointment and 
given an opportunity of attending the meeting. 

(4) The appointing council shall forthwith after ap- 
pointing the committee send notice thereof to the Local 
Government Board. 

Power of Local Government Board and Treasury to 
remove di-fficulties, 

37. In order to enable all claims made during the year 
nineteen hundred and eight to be investigated and deter- 
mined, whenever possible, before the first day of January 
nineteen hundred and nine, the Local Government Board 
and the Treasury may, if they think fit, make orders 
declaring the appointment of any committee to be valid 
notwithstanding any defect in the appointment thereof, 
or dispensing with compliance with any of these Regula- 
tions, or may make any orders or give any directions 
otherwise necessary for the purpose of bringing the Act 
into effect. 

Saving of things done under Provisional Regulations, 

38. These Regulations shall be deemed to have had 
effect as from the 20th day of August, 1908. 

Provided that anything done in pursuance of the pro- 
visional Regulations made under the Act on the 20th day 
of August, 1908, shall, notwithstanding anything in these 
Regulations, be deemed to have been validly done and have 
full effect accordingly. 

Dated this 15th day of October, 1908. 
J. HERBERT LEWIS, 
CECIL NORTON, 

Two of the Lords Commissioners 
of His Majesty's Treasury. 

SYDNEY CHARLES BUXTON, 

His Majesty's Postmaster-General. 



55 

Given under the Seal of Office of the Local Govern- 
ment Board this fifteenth day of October, in the 
year One thousand nine hundred and eight. 

(L.S.) JOHN BURNS, 

President. 

S. B. PROVIS, 

Secretary. 

Given under the Seal of Office ot the Local Govern- 
ment Board for Scotland this fifteenth day of October, 
in the year One thousand nine hundred and eight. 

(L.S.) JOHN SINCLAIR, 

President. 
G. FALCONAR-STEWART, 

Secretary. 

Given under the Seal of Office of the Local Govern- 
ment Board for Ireland this fifteenth day of October, 
in the year One thousand nine hundred and eight. 

AUGUSTINE BIRRELL, 
(L.S.) H. A. ROBINSON. 



56 



SCH EDU LES. 



FIRST SCHEDULE. 



FORMS. 

FORM I. 

The Old-Age Pensions Acty 1908. 

Claim to Pension. 

Note. — Claims should not be made more than four 
months before the date on which the claimant will attain 
the age of seventy. 

Note. — " If for the purpose of obtaining or continuing an 
old-age pension under this Act, either for himself or any 
other person, or for the purpose of obtaining or continuing 
an old-age pension under this Act for himself or for any 
other person at a higher rate than that appropriate to the 
case, any person knowingly makes any false statement or 
false representation, he shall be liable on summary con- 
viction to imprisonment for a term not exceeding six 
months, with hard labour." (Old-Age Pensions Act, 1908, 
section 9 (i).) 

1. Full name of claimant. 

2. *Home address. 

3. Occupation. 

4. Sex. 

5. Are you single "i 

or married } 

or a widower or widow "^ 

If a married woman or widow, what was your 
maiden name ? 

* The postal address in full of the claimant must be given. 



6. Age . Date of Birth. 

7. t Place where born. 

8. Are you a British subject ? 

9. JHave you lived in the United Kingdom for the whole 

of the last twenty years ? 

At what place or places did you live during those 
years ? 

10. How much have you coming in per week in money ? 

What are your other means of subsistence (if any) ? 

Do you pay rent for the house or lodging in which 
you live ? 

Note. — Vou' will subsequently have to iurnish any 
further particulars which the pejtsioft officer may require, 
in order to satisfy himself that you are entitled to a 
fen5io7t, 

I have clearly understood the above questions, and to the 
best of my knowledge and belief all the statements made 
by me in this claim are correct, and so far as I know I am 
not disqualified for the receipt of a pension.* 

If my claim is allowed I desire that my pension should 
be payable at the Post Office at§ 

Signature (or Mark) of Claimant. 

Date, 

(Date.) Witness to signature, or (where claimant is 

unable to write) to mark, of claimant. 

Address of Witness. 

t Give exact address if possible. 

X If the claimant answers the question in the negative, he will not necessarily be 
disentitled to a pension. 
{ The full address of the post office must be given. 



* Under section 3 of the Act, a person is disqualified for 
the receipt of a pension in the following (among other) 
cases : — 

I. While he is in receipt of poor relief (other than 
medical and certain other kinds of relief excepted 
under the Act), or if he has been in receipt of any 
such relief at any time since the ist January, 1908. 



S8 

2. If he has habitually failed to work according to his 

ability, opportunity, and need for the maintenance 
or benefit of himself and those legally dependent 
upon him, unless he can show that from the age of 
fifty to sixty he made proper provision against old 
age, sickness, infirmity, or want or loss of employ- 
ment. 

3. If within the last ten years he has been in prison 

under a sentence of imprisonment without the option 
of a fine, or of penal servitude. 

4. If an order of a court disqualifying him is in force. 

To he •filled in only when the claimant has been assisted 
by a Sub-Postmaster. 

1 have assisted the claimant to fill up this 
form. 



Signature, 

Sub-Postmaster of 




FORM 2. 

The Old' Age Pensions Act, 1908. 

Report of Pension Officer on Claim. 

District Station 

No. in Pension Officer's Register 

Name of Claimant 

To the Local Pension Committee of the County [or 
Borough] [or Urban District] of 

A* I have investigated the claim of the above-named 
claimant and in my opinion the claim may properly be 
allowed, and the claimant is entitled to receive a pension 
at the weekly rate of 

* To be used where report in favour of allowance of claim. 



59 

Bt I have investigated the claim of the above-named 
claimant and in my opinion the claimant is at the present 
date not entitled to receive, [or disqualified for receiving] 
a pension, but the claim may properly be allowed pro- 
visionally, and the claimant will become entitled on the 
day of to a pension at the weekly rate 

of 

C§ I have investigated the claim of the above-named 
claimant, and in my opinion the claim cannot properly 
be allowed for the following reasons, namely: — 

The claimant does not fulfil the statutory conditions by 
reason of not being a British subject [or, as the ca^e 
may he\ 

[or, The claimant is disqualified under section 3 (i) (d) 
of the Act [or, as the case may be] ]. 

t [I am satisfied that the yearly means of the claimant 
do not exceed ;£2i.] 

t [The annexed statement contains a summary of the 
income, property, and other means of the claimant.] 

Statement as to inquiries made, 

(Signature of Pension Officer.) 

(Address of Pension Officer,) 

(Date,) 

t To be used where report in favour of provisional allowance of claim. 
I To be used where report in favour of disallowance of claim, 
t Strike out both these if C is used ; otherwise strike out alternative which is not 
appropriate. 



FORM 3. 
The Old- Age Pensions Act, 1908. 
Notice of Meeting of Committee for Considering 
Claims or Questions. 
County [or Borough] [or Urban District] of 
To the Pension Officer. 
You are hereby informed that a meeting of the Local 



6o 

Pension Committee of the County [or Borough] [or Urban 
District] of will be held at on the* 

day of at o'clock for the purpose of 

considering the claims [or questions] specified in the sub- 
joined list. 

List of Claims. 

XT / /-I • . Ajj e f^y ' ^ Number of Claim in Pension 

Name of Claimant. Address of Claimant. Officer's Report. 



(Signature of Clerk of Committee.) 

(Address of Clerk of Committee.) 
(Date.) 

* This must be a day not less than three days after the date of notice. 



FORM 4. 

A. — Form of Notice to Claimant. 

The Old-Age Pensions Act, 1908. 

Notice of Decision of Committee Allowing Claim. 

District Station 

No. in Pension Officer's Register 

Name of Claimant 

To the above-named Claimant. 

You are hereby informed that by their decision dated 
the day of , the Local Pension Committee 

have [provisionally] allowed your claim to a pension, and 
that you will be entitled [on the day of ] 

to a pension at the weekly rate of , the first pay- 

ment in respect of which will be made on Friday, the 
day of 

The Pension Officer will in due course issue to you a 
book of pension orders enabling you to obtain payment of 
the pension at the post office at 



6i 

The pension will continue so long only as you continue 
to fulfil the statutory conditions and do not incur any 
disqualification. 

This 4ecision is subject to appeal, but if an. appeal is 
brought you will be informed of the fact. 

(Signature of Clerk of Committee,) 

(Address of Clerk of Committee.) 
(Date.) 



B. — Form of Notice to Pension Officer. 

The Old' Age Pensions Act, iqo8. 

Notice of Decision of Committee Allowing Claim. 

District Station 

No. in Pension Officer's Register 

Name of Claimant 

To the Pension Officer. 

You are hereby informed that by their decision dated the 

day of , the Local Pension Committee 

have [provisionally] allowed the claim of the above-named 

claimant, and that the claimant will be entitled [on the 

day of ] to a pension at the weekly rate 

of 

Should you desire to appeal to the Local Government 
Board against this decision, you may do so by sending 
notice of appeal to the Local Government Board not later 
than seven days after the receipt of this notice, and send- 
ing at the same time to me notification that you have so 
appealed. 

(Signature of Clerk of Committee.) 

(Address of Clerk of Committee.) 
(Date,) 



62 

FORM 5. 

A.— Form of Notice to Claimant. 

The Old-Age Pensions Act, 1908. 

Notice of Decision of Committee Disallowing Claim. 

District Station 

No. in Pension Oflficer's Register 

To A.B, of 

You are hereby informed that by their decision dated 
the day of the Local Pension Committee 

have disallowed your claim to a pension on the grounds 
that [state the grounds']. 

Should you desire to appeal to the Local Government 
Board against this decision, you may do so by sending 
notice of appeal to the Local Government Board not later 
than seven days after the receipt of this notice, and sending 
at the same time to me notification that you have so 
appealed. A form of notice of appeal and a form of notifi- 
cation may be obtained on application to me. 

(Signature of Clerk of Committee.) 

(Address of Clerk of Committee,) 
(Date,) 



B.— Form of Notice to Pension Officer. 
The Old- Age Pensions Act, 1908. 
Notice of Decision of Committee Disallowing Claim. 
District Station 

No. in Pension Officer's Register 
Name of Claimant 

To the Pension Officer. 

You are hereby informed that by their decision dated the 
day of the Local Pension Committee have 

disallowed the claim of the above-named claimant on the 
grounds that [state the grounds'], 

(Signature of Clerk of Committee,) 

(Address of Clerk of Committee,) 
(Date.) 



63 

FORM 6. 

The Old-Age Pensiojis Act, 1908. 

Notice of Adjourned Consideration of Claim. 

District Station 

No. in Pension Officer's Register 

Name of Claimant 

To the above-named Claimant. 

You are hereby informed that the consideration of your 
claim has been adjourned, and that a meeting for the 
further consideration of it will be held at on the 

day of 

You are entitled to attend and be heard at the meeting 
if you so desire. 

(Signature of Clerk of Committee,) 

(Address of Clerk of Committee,) 
(Date.) 



FORM 7. 
The Old- Age Pensions Act, 1908. 

Report of Pension Officer on Question. 

District Station 

No. in Pension Officer's Register 

Name of Pensioner 

To the Local Pension Committee of the County [or 
Borough] [or Urban District] of 

I desire to raise the following question in reference to 
the pension of the above-named pensioner, namely [state 
the question"], [or The above-named pensioner has raised 
the question that he is entitled to a pension at the weekly 
rate of s, instead of at the weekly rate of sJ], 



64 

I have investigated the above-mentioned question, and 
in my opinion the pensioner [state whether the pensioner 
does or does not continue to fulfil the statutory conditions^ 
or is or is not disqualified^ or is entitled to a pension at a 
higher or a lower rate]. 

Statement as to inquiries made. 
(Sig7iature of Pension Officer.) 

(Address of Pension Officer,) 
(Date.) 



FORM 8. 

A. — Form of Notice to Pensioner. 

The Old-Age Pensiofts Act, 1908. 

Notice of Decision of CoMMirrEE on Question. 

District Station 

No. in Pension Officer's Register 

Name of Pensioner 

To the above-named Pensioner. 

You are hereby informed that by their decision dated the 
day of the Local Pension Committee have 

decided the question whether [state the question] 
as follows : — 

The consequence of this decision is that [state whether 
the position of the pensioner is or is not altered by the 
decision, and if so, how]. 

Should you desire to appeal to the Local Government 
Board against this decision, you may do so by sending 
notice of appeal to the Local Government Board not later 
than seven days after the receipt of this notice, and sending 
at the same time to me notification that you have so 
appealed. A form of notice of appeal and a form of notifi- 
cation may be obtained on application to me. 

(Signature of Clerk of Committee.) 

(Address of Clerk of Committee.) 
(Date.) 



6s 

B.— Form of Notice to Pension Officer. 

The Old- Age Pensions Act, 1908. 

Notice of Decision of Committee on Question. 

District Station 

No. in Pension Officei's Register 

Name of Pensioner 

To the Pension Officer. 

You are hereby informed that by their decision dated the 
day of , the Local Pension Committee 

have decided the question whether [state the question^ 
as follows : — 

The consequence of this decision is that [state whether 
the 'position of the pensioner is or is not altered, by the 
decision J and if so, how]. 

Should you desire to appeal to the Local Government 
Board against this decision, you may do so by sending 
notice of appeal to the Local Government Board not later 
than seven days after the receipt of this notice, and sending 
at the same time to me notification that you have so 
appealed. 

(Signature of Clerk of Committee.) 

(Address of Clerk of Committee.) 

(Date.) 



FORM 9. 

The Old- Age Pensions Act, 1908. 
Notice of Appeal. 
District Station 

No. in Pension Officers Register 
Name of Claimant [or Pensioner] 
To the Local Government Board. 
I, the undersigned, being [state whether 



66 

pension officer or person aggrieved^ hereby appeal against 
the decision of the Local Pension Committee of the County 
[or Borough] [or Urban District] of given the 

day of 19 > being a decision that [state 

the decision^ 



(Signature of Appellant,) 

(Address of Appellant,) 



(Date,) 



Note. — An appeal must be made within seven days of 
the date of receipt of notice of the decision to be appealed 
against, or if no notice is required to be given to the Appel- 
lant, within seven days of the date of the decision. 



FORM 10. 

The Old-Age Pensions Act, 1908. 

Notification to Committee of Appeal having been made. 

District Station 

No. in Pension Oflficer's Register 

Name of Claimant [or Pensioner] 

To the Local Pension Committee of the County [or 
Borough] [or Urban District] of 

I hereby give you notice that I have appealed to the 
Local Government Board against your decision given the 
day of 19 > being a decision that [state 

the decision]. 

The decision was wrong for the following reasons [state 
the reasons'], 

(Signature of Appellant,) 

(Address of Appellant,) 

(Date,) 



67 

FORM II. 

The Old- Age Pensions Act, 1908. 
Notification to Claimant or Pensioner of Appeal 

HAVING been brought. 

District Station 

No. in Pension Officer's Register 

Name of Claimant \or Pensioner] 

To the above-named Claimant [^r Pensioner]. 

Take notice that an appeal has been brought against the 
decision of the Local Pension Committee that you are 
entitled to a pension at the weekly rate of s. The 
question will now have to be finally determined by the 
Local Government Board. 

(Signature of Clerk of Committee.) 

(Address of Clerk of Committee.) 

(Date.) 



FORM 12. 
The Old- Age Pensions Act, 1908. 

Notice of the Decision of the Local Government 
Board. 

District Station 

No. in Pension Officer's Register 

Name of Claimant [or Pensioner] 

To the Local Pension Committee of the County [or 
Borough] [or Urban District] of 

You are hereby informed that the decision of the Local 
Government Board upon the claim of the above-mentioned 
claimant [or the question raised in reference to the pension 



68 

of the above-mentioned Pensioner] in respect of which an 
appeal was made to them by against your 

decision thereon, given on the day of , is 

as follows [state the decision]. 

You are forthwith to communicate this decision to the 
Claimant [or Pensioner] and to the Pension Oflficer of the 
District. 

(Signed) 

Secretary [or aw Assistant Secretary'] 
of the Board, 



Or a person appointed by the Board 
to act on their behalf. 



(Date.) 



FORM 13. 

The Old-Age Pensions Act, 1908. 

Notification by Committee of Decision of Local 
Government Board. 

District Station 

No. in Pension Officer's Register 

Name of Claimant [or Pensioner] 

To the above-named Claimant [or Pensioner] [or to the 
Pension Officer.] 

You are hereby informed that the decision of the Local 
Government Board upon the claim of the above-mentioned 
Claimant [or the question raised in reference to your pen- 
sion] [or the question raised in reference to the pension of 
the above-mentioned Pensioner] in respect of which an 
appeal was made to the Board by against the 

decision of the Local Pension Committee thereon, griven on 
the day of , is as follows [state the 

decision]. 

(Signature of Clerk of Committee.) 

. .. (Address of Clerk of Committee,) 

(Date.) 



69 

FORM 14. 

The Old,' Age Pensions Acty 1908. 

Notification of Appointment of Clerk of Committee 
[Sub-Committee]. 

County [or Borough] [or Urban District] of 

To the Local Government Board. 

[The Sub-Committee of] the Local Pension 

Committee of the above-named County [or Borough] [or 
Urban District] have appointed me, the undersigned, to be 
Clerk of the Committee [Sub-Committee]. 

(Signature of Clerk of Committee 
[Sub-Committee],) 

(Address of Clerk of Committee [Sub-Committee],) 

(Date.) 



FORM 15. 

The Old- Age Pensions Act, 1908. 

Notice of Appointment of Sub-Committee. 

County [or Borough] [or Urban District] of 

To the Local Government Board. 

The Local Pension Committee have appointed Sub- 
Committees to act for the following areas, viz. : — 

[give particulars of the composition of the areas and 
the name by which each of the Sub-Committees 
will be described,] 

The following powers and duties of the Committee have 
been delegated to the Sub-Committees, viz. : — 

(Signature of Clerk of Committee,) 

(Address of Clerk of Committee,) 
(Date.) 

G 2 



70 

FORM i6. 

The Old-Age Pensions Act, 1908. 

Statement by Pensioner on Issue of fresh Book of 

Pension Orders. 

District Station 

No. in Pension Oflficer's Register 

Name of Pensioner 

I, the above-named Pensioner, hereby state that to the 

best of my belief my means have not increased so as to 

disentitle me to receive a pension at the weekly rate of 

shillings, and that I am not disqualified for 

continuing to receive a pension. 

(Signature (or mark) of Pensioner.) 

(Date.) 

Note. — Tke Pension Officer is to see that the Pensioner 
fully understands the meaning of this statement before he 
signs it and is to draw his attention to section 9 (i) of the 
Act. 



SECOND SCHEDULE. 



Instructions to Pension Officer as to Investigation of 
Claims. 

(i) For the purpose of determining the age of any 
person, regard may be had to any of the following docu- 
ments, viz. : — 

Certificate of birth; 

Certificate of baptism; 

Certificate of service in any of the forces of the Crown; 

Certificate of membership of any friendly or provident 
society or trade union. 

Certificate of marriage. 

Any other evidence which appears sufficient for the 
purpose. 



71 

(2) Where it appears that any person was born in the 
British dominions and has not resided out of the British 
dominions during the preceding twenty years, he may, 
unless there is reason to suspect the contrary, be taken as 
being a British subject. 

(3) If it appears that any person was not born in the 
British dominions, he may prove that he is a British sub- 
ject either by producing a naturalisation certificate and 
showing that he is the person referred to in the certificate 
or by showing that his father was a British subject. 

If a person who alleges that he was naturalised is unable 
to produce a naturalisation certificate, inquiry may be 
made of the Home Office as to whether the person is on 
the Register of Naturalised Aliens. 

If any person alleges that though born out of the British 
dominions he was the child of a British father, he should 
be required, if possible, to show whether his father and 
his grandfather were born in the British dominions or not. 

(4) For the purpose of determining whether a person has 
been resident in the United Kingdom*, he must be required 
to give, if possible, a reference to two persons who have 
known him, and to state what his employment, if any, has 
been, during the last twenty years. 

(5) In any case in which the Pension Officer thinks it 
desirable so to do, he may reduce to writing any question 
which he desires to put to any person and the answer given 
by that person to the question, and may require that person 
to sign the answer, or may require any person to fill up 
and sign any form. 

(6) The Pension Officer shall in every case take all 
reasonable steps to obtain the best evidence and informa- 
tion which it is reasonably possible to obtain, and make 
all such inquiries as appear to him necessary having 
regard to the circumstances of the case. 



72 



APPENDIX A. 

OIROULAR-OOUNTY OOUNOILS. 
OLD-AGE PENSIONS ACT, 1908. 

Local Government Board, Whitehall, S.W., 
4th August, 1908. 

Sir, 

I am directed by the Local Government Board to call 
the attention of the County Council to the Old-Age 
Pensions Act, 1908, which has just received the Royal 
Assent. 

The Board propose in a subsequent Circular to deal 
more fully with the procedure to be followed in pursuance 
of the Act and the Regulations which have to be made 
under it in connection with the determination of claims 
and questions, and as to the part which is assigned to local 
authorities. For the present they confine themselves to 
indicating the steps which require to be taken immediately 
by the County Council in order to provide the machinery 
necessary to carry the measure into effect. 

The Act contemplates the setting up of local pension 
committees for the consideration and determination of 
claims for old-age pensions and questions arising in con- 
nection therewith. Subsections (i) and (2) of section 8 of 



73 

the Act deal with the appointment of local pension com- 
mittees and sub-committees. They are as follows : — 

*' 8. (i) The local pension committee shall be a 
committee appointed for every borough and 
urban district having a population, according to 
the last published census for the time being, of 
twenty thousand or over, and for every county 
(excluding the area of any such borough or dis- 
trict) by the council of the borough, district, or 
county. 

** The persons appointed to be members of a local 
pension committee need not be members of the 
council by which they are appointed. 

** (2) A local pension committee may appoint such 
and so many sub-committees, consisting either 
wholly or partly of the members of the com- 
mittee as the committee think fit, and a local 
pension committee may delegate, either abso- 
lutely or under such conditions as they think fit, 
to any such sub-committee any powers and duties 
of the local pension committee under this Act." 

As a very large number of persons will become entitled 
to pensions at the beginning of January next, it is im- 
portant that the local pension committees and sub-com- 
mittees should be appointed at the earliest date practicable 
so that the longest possible time prior to the ist January 
may be allowed for dealing with applications which will 
be made in anticipation of that date. 

The Board are anxious therefore that the matter should 
be brought before the County Council as soon as this can 
be done. 

The Regulations to be made under the Act will pro- 
bably recjuire a meeting of every coui^cil who have to 



74 

appoint a local pension committee to be held during the 
month of August, and there can be no doubt that the 
earlier in the month that the pension committee can be 
appointed the better. If a meeting will not in the 
ordinary course take place before the end of the month, 
it will be desirable that a special meeting should at once 
be called for the purpose. 

It will be noticed that the area for which the committee 
will act will be that of the administrative county exclusive 
of any borough or urban district containing, according to 
the census of 1901, a population of 20,000 or over, and 
that the persons appointed to be members of the committee 
need not be members of the County Council. The number 
of the committee will be fixed by the Regulations to be 
issued under the Act at not less than seven nor more than 
the total number of members of the Council. 

As soon as the local pension committee are appointed, 
the immediate questions for them to consider will be — 

(i) The appointment of sub -committees. 

(2) If sub-committees are to be appointed, in what 

areas they should act. 

(3) What powers and duties of the pension com- 

mittee should be delegated to them. 

The duties of the committee involve the consideration 
of all individual claims, and it is intended that claimants 
shall have an opportunity of appearing before them. It 
seems to the Board, therefore, that in the case of such 
an area as a county it will be necessary for the committee 
to delegate their powers and duties generally to local sub- 
committees acting in suitable sub-divisions of the area. 

The course suggested does in effect involve the placing 
of the whole of the work of determining claims and ques- 



75 

tions in the hands of the subcommittees ; but it seems to 
the Board that whatever arrangement may be made here- 
after, it will be necessary, in the first instance at any rate, 
owing to the large number of claims which will have to 
be determined in a short period of time, to sub-divide the 
work in such an area as a county, and their view is that if 
sub-committees are to be appointed it would lead to diffi- 
culties and delays, and would not conduce to efficient 
working, if some only of the powers and duties of the 
local pension committee were delegated to them. 

When the local pension committee have decided to 
delegate their powers and duties to sub-committees, the 
next step to be taken will be to determine the areas in 
which the sub-committees are to act. These sub-divisions 
should not be more numerous than necessary, but at the 
same time should be of such a size as to allow personal 
interviews with applicants for pensions being when needed 
readily arranged. The i)ension officers who are to be 
appointed by the Treasury will be the local officers of 
Excise. They will have to report to the committees or 
sub-committees on each claim and will be in close touch 
with those bodies. It will probably be advantageous if 
the County Council or the lc<:al pension committee put 
themselves in communication with the local Supervisors 
of Inland Revenue with a view to ascertaining from them 
the areas which will be assigned to individual pension 
officers, so that the districts of the sub-committees may 
correspond, where practicable, with the boundaries of the 
districts allotted to the pension officers. It cannot, per- 
haps, be expected that the pension officers' areas and those 
of the sub-committees shall always coincide, but un- 
necessary overlapping may in this way be avoided. 

Coming to the constitution of sub-committees, it will be 
seen from section 8 (2) of the Act that these bodies must 
consist either wholly or partly of members of the local 
pension committee. It will, therefore, be necessary that 



76 

at least one member of every sub-committee should be a 
member of the pension committee. The Regulations to be 
issued under the Act may be expected to provide that the 
number of members of the sub-committee shall be not less 
than five nor more than nine. The Council or the com- 
mittee may be able to obtain, by communication with the 
local authorities, with local branches of trade unions, with 
friendly societies and similar bodies, and from other 
sources available to them, the names of suitable and repre- 
sentative persons whose services may be utilised on the 
sub-committees. 

Even if the local pension committee cannot be at once 
appointed, it may be possible in the interval to obtain 
preliminary information which will be useful afterwards 
in connection with the delimitations of sub-committees' 
districts and the appointment of the members of those 
bodies. 

It is hoped that forms in which persons desiring to 
obtain pensions may make their claims will be available 
at the post offices by the ist October, and it is desirable 
that the committees or sub -committees who will be called 
upon to consider them should be able to set to work soon 
after that date. The Board recognise that the time is 
short for making all the needful arrangements, and they 
have taken the earliest opportunity of drawing the atten- 
tion of the County Council to tiie matter. They have no 
doubt that the County Council will do all in their power 
to organise the necessary machinery for administering the 
Act. 

I am, Sir, 
Your obedient Servant, 

S. B. PROVIS, 

Secretary. 
The Clerk to the County Council. 



77 



OIROULAR.— COUNCILS OP BOROUGHS 

AND URBAN DISTRICTS WITH 
POPULATIONS OP 20,000 OR OVER. 

OLD-AGE PENSIONS ACT, 1908. 

Local Government Board, Whitehall, S.W., 
4th August, 1908. 

Sir, 

I am directed by the Local Government Board to call the 
attention of the Council to the Old-Age Pensions Act, 1908, 
which has just received the Royal Assent. 

The Board propose in a subsequent Circular to deal more 
fully with the procedure to be followed in pursuance of the 
Act and the Regulations which have to be made under it 
in connection with the determination of claims and questions, 
and as to the part which is assigned to local authorities. 
For the present they confine themselves to indicating the 
steps which require to be taken forthwith by the council in 
order to provide the machinery necessary to carry the 
measure into effect. 

The Act contemplates the setting up of local pension 
committees for the consideration and determination of 
claims for old-age pensions and questions arising in 
coimection therewith. Sub-sections (i) and (?) of section 8 



78 

of the Act deal with the appointment of local pension 
committees and subcommittees. They are as follows: — 

"8. (i) The local pension committee shall be a com- 
mittee appointed for every borough and urban 
district, having a population according to the 
last published census for the time being of 
twenty thousand or over, and for every county 
(excluding the area of any such borough or 
district) by the council of the borough, district, or 
county. 
"The persons appointed to be members of a local 
pension committee need not be members of the 
council by which they are appointed. 
" (2) A local pension committee may appoint such and 
so many sub-committees, consisting either wholly 
or partly of the members of the committee as 
the committee think fit, and a local pension 
committee may delegate, either absolutely or 
under such conditions as they think fit, to any 
such sub-committee any powers and duties of the 
local pension committee under this Act." 
As a very large number of persons will become entitled 
to pensions at the beginning of January ne<t, it is important 
that the local pension committees and subcommittees 
should be appointed at the earliest date practicable, so that 
the longest possible time prior to the ist January may be 
allowed for dealing with applications which will be made in 
anticipation of that date. 

The Regulations to be made under the Act will probably 
require a meeting of every council who have to appoint a 
local pension committee to be held during the month of 
August. If a meeting will not in the ordinary course take 
place before the end of the month, a special meeting should 
be called for the purpose. The number of the committee 



79 

will be fixed by the Regulations at not less than seven nor 
more than the total number of members of the council. 

As soon as the local pension committee are appointed, 
the immediate questions for them to consider will be — 
(i) Whether sub-committees should be appointed. 

(2) If sub-committees are to be appointed, in what 

areas they should act. 

(3) What powers and duties of the local pension 

committee should be delegated to them. 

The duties of the committee involve the consideration of 
all individual claims and it is intended that claimants shall 
have an opportunity of appearing before them. It seems to 
the board, therefore, that where the area of the council is so 
populous that a single committee cannot conveniently deal 
with all the claims and questions that may be expected to 
come before them, it will be advisable for the committee to 
appoint sub committees to act in suitable sub-divisions of 
the area, to whom the whole of the work of determining 
claims and questions may be delegated. 

The areas in which the sub-committees are to act should 
not be more numerous than necessary, but at the same time 
should be of such a size as to allow personal interviews 
with applicants for pensions being when needed readily 
arranged. The pension officers, who are to be appointed 
by the Treasury, will be the local officers of excise. They 
will have to report to the committees or sub-committees on 
each claim and will be in close touch with those bodies. 
If the area is to be sub-divided, it will probably be advan- 
tageous that the council or the local pension committee 
should put themselves in communication with the local 
supervisors of Inland Revenue with a view to ascertaining 
from them the areas which will be assigned to individual 
pension officers, so that the districts of sub-committees may 
correspond where practicable with the boundaries of the 



So 

districts allotted to the pension officers. It cannot, 
perhaps, be expected that the pension officers' arears and 
those of the sub-committees shall altogether coincide, but 
unnecessary overlapping may in this way be avoided. 

It will be seen from Section 8 (2) of the Act that the 
sub-committees must consist wholly or partly of members 
of the local pension committee. The Regulations to be 
issued under the Act may be expected to provide that the 
number of members of a sub-committee shall not be less 
than five nor more than nine. The council will, no doubt, 
be able without difficulty to obtain from various sources, 
including local branches of trade unions or friendly or 
other societies, the names of suitable and representative 
persons whose services may be utilised if desired on the 
local pension committee or on the sub-committees. 

It is hoped that forms in which persons desiring to obtain 
pensions may make their claims will be available at the post 
offices by the 1st October, and it is desirable that the 
committees or sub-committees who will be called upon to 
consider them should be able to set to work soon after that 
date. The Board recognise that the time is limited for 
making all the needful arrangements, and they have taken 
the earliest opportunity of drawing the attention of the 
council to the matter. They have no doubt that the 
council will do all in their power to organise the necessary 
machinery for administering the Act. 

I am Sir, your obedient servant, 

S. B. PRO VIS, 

Secretary. 
. The Town Clerk 
or 
The Clerk to the Urban District Council. 

[The Local Government Boards of Scotland and Ireland sent 
Circulars similar in effect to their Local Authorities.] 



8t 



0IR0ULAR.-COUN0ILS APPOINTING 
LOCAL PENSION COMMITTEES. 

THE OLD-AGE PENSIONS ACT, 1908. 

Local Government Board, Whitehall, S.W., 
2 1 St August, 1908. 

Sir, 

1. I am directed by the Local Government Board to 
forward, for the information of the Council, advance 
copies of the Regulations under section 10 of the Old- Age 
Pensions Act, 1908 (8 Edw. VIL c. 40). The Board 
take this opportunity of drawing attention to certain points 
in connection with the Act and Regulations. 

2. The general scheme of the measure is, as the council 
are aware, to provide old-age pensions for poor persons 
of 70 years of age and upwards. 

3. Although in the Act and Regulations and in this 
Circular the pensioner is spoken of as masculine, it will 
be understood that according to the rules of legislative 
interpretation the scheme applies both to men and women. 
It also applies to them whether they are married or single. 

4. The Act provides that every person in whose case 
certain conditions are fulfilled shall be entitled to receive 
a pension so long as those conditions continue to be ful- 
filled and he is not disqualified under the Act. 



82 



Statutory Conditions and Disqualifications. 

5. The statutory conditions which have to be fulfilled 
to entitle a person to a pension are the following : — 

(i) He must have attained the age of 70. 

(2) He must satisfy the pension authorities that for 

at least 20 years up to the date of the receipt 
of any sum on account of a pension he has 
been a British subject, and has had his resi- 
dence, as defined by the Regulations, in the 
United Kingdom. 

(3) He must satisfy the pension authorities that his 

yearly means as calculated under the Act do 
not exceed ^^31 los. 

6. Besides fulfilling the statutory conditions, the 
claimant or pensioner must not be subject to any of the 
disqualifications prescribed by the Act. The following 
are the circumstances under which he will be disqualified 
for receiving or continuing to receive an old-age pension. 

(i) While he is in receipt of any poor relief (other than 
relief of the kind mentioned in the next paragraph) and, 
until the 31st December, 1910, unless Parliament other- 
wise determines, if he has at any time since the ist 
January, 1908, received, or hereafter receives, any such 
relief. 

The classes of relief which are excepted and which will 
not be considered as poor relief for the purposes of old- 
age pensions are : — 

(a) Any medical or surgical assistance (including 

food or comforts) supplied by or on the recom- 
mendation of a medical officer ; or 

(b) any relief given to any person by means of the 

maintenance of any dependant of that person 
in any lunatic asylum, infirmary or hospital, 
or the payment of any expenses of the burial 
of a dependant ; or 



«3 

(c) any relief (other than medical or surgical assist 
ance, or relief herein-before specifically 
exempted) which by law is expressly declared 
not to be a disqualification for registration as 
a Parliamentary elector, or a reason for de- 
priving any person of any franchise, right or 
privilege. 

(2) If, before he becomes entitled to a pension, he has 
habitually failed to work according to his ability, oppor- 
tunity, and need, for the maintenance or benefit of him- 
self and those legally dependent upon him. A person 
will not, however, be disqualified under this paragraph if 
he has continuously for 10 years up to attaining the age 
of 60, by means of payments to friendly, provident or 
other societies, or trade unions, or other approved steps, 
made such provision against old age, sickness, infirmity, 
or want or loss of employment as is recognised as proper 
provision for the purpose by the Regulations. Moreover, 
any such provision, when made by the husband in the case 
of a married couple living together, will as respects any 
right of the wife to a pension, be treated as provision 
made by the wife as well as by the husband. 

(3) While he is detained in any asylum within the 
meaning of the Lunacy Act, 1890, or while he is being 
maintained in any place as a pauper or criminal lunatic. 

(4) During the continuance of any period of disquali- 
fication arising or imposed in pursuance of subsections (2) 
and (3) of section 3 of the Act in consequence of convic- 
tion for an offence. 

The subsections referred to in the last paragraph are 
as follows : — 

(2) *' Where a person has been before the passing of 
this Act, or is after the passing of this Act, 
convicted of any offence, and ordered to be 
imprisoned without the option of a fine or to 



84 

suffer any greater punishment, he shall be dis- 
qualified for receiving or continuing to receive 
an old-age pension under this Act while he is 
detained in prison in consequence of the order, 
and for a further period of lo years after the 
date on which he is released from prison." 

(3) '* Where a person of 60 years of age or upwards 
having been convicted before any court is 
liable to have a detention order made against 
him under the Inebriates Act, 1898, and is not 
necessarily, by virtue of the provisions of this 
Act, disqualified for receiving or continuing to 
receive an old-age pension under this Act, the 
court may, if they think fit, order that the 
person convicted be so disqualified for such 
period, not exceeding 10 years, as the court 
direct." 



Amount of Pension. 

7. The amount of the pension will depend upon the 
yearly means of the pensioner as calculated under the 
Act, and will be as shown in the following table : — 



Means of Pensioner. 



Where the yearly means of the pensioner — 

Do not exceed ;f 21 

Exceed ;f2i, but do not exceed £^2 12s. 6d. ... 
Exceed £2$. 12s. 6d., but do not exceed ;f26 5s. 
Exceed ;f26 5s., but do not exceed ;f28 17s 6d. 
Exceed ;^28 17s. 6d., but do not exceed £31 los. 



Rate of Pension 


Per Week. 


s. 


d. 


5 





4 





3 





2 





I 






A person whose means exceed j£$i los. will not be 
entitled to receive a pension. 



85 

Constitution and Proceedings of Committees. 

8. Before dealing with the procedure to be followed m 
the making and determination of claims for pensions, it 
may be convenient to refer briefly to provisions which are 
contained in the Regulations as to the constitution and 
proceedings of the local pension committees and sub- 
committees. 

9. The Board in their circular of the 4th August have 
indicated generally the proceedings to be taken for con- 
stituting these committees, and in many cases preliminary 
steps will doubtless have already been taken in the matter. 
It will be observed from Regulation ^6 that the meeting 
for the appointment of the local pension committee must 
be held before the end of the present month or at such 
later date as the Board may allow. The first meeting of 
the committee will be convened by the clerk of the council 
as soon as may be after the committee has been appointed. 
If the appointing council so direct, the first meeting of the 
committee may be held immediately after its appointment 
without any notice, but where there are persons who are 
members of the committee and are not members of the 
council, the meeting cannot be held unless these persons 
have been informed of their appointment and given an 
opportunity of attending. Attention is also drawn to the 
detailed provisions on the subject contained in section 8 of 
the Act and in Regulations 21 to 24, inclusive. 

10. Each committee and sub-committee when appointed 
will have to appoint some fit person as their clerk and to 
make arrangements for the holding of their meetings. 
Immediately upon his appointment the clerk of every 
committee and sub-committee is to notify his appointment, 
together with his name and address, to the Board. In so 
doing he should follow the terms of Form 14 in the First 
Schedule to the Regulations. Under Regulation 23 the 
committee may assign to their clerk or to the clerk of a 

W7. 



86 

sub-committee such remuneration as they think fit, not 
being in excess of the scale fixed for the purpose by the 
Treasury. 

11. Regulation 22 entitles a committee or sub-com- 
mittee to use free of charge (except such charge as may be 
approved by the Treasury for heating, lighting, or clean- 
ing) at all reasonable times and after reasonable notice 
any offices of any local authority situate in the area for 
which the conmiittee are appointed. If a question arises 
as to what is reasonable, it may be determined by the 
Board. They have little doubt that local authorities 
generally will be willing to facilitate the operations of the 
committees by permitting them to use such accommodation 
as they may have available. As soon as the committees 
are established, the question of arranging for the holding 
of their meetings will be one of the first matters claiming 
attention. 

12. If in any case there are no offices of a local 
authority available for use by a committee, and the com- 
mittee are unable to obtain the use of any room free of 
charge, they may hire a room for their meetings, but the 
cost of hiring must not exceed the scale fixed by the 
Treasury. 

Sub-Committees. 

13. Except that the number of members of a sub- 
committee must not be less than five nor more than nine, 
and that the remuneration of the clerk will be assigned 
by the committee, and that in the case of a sub-committee 
Regulation 21 must be read with the substitution of the 
committee for the appointing council and of the sub- 
committee for the committee. Regulations 21 to 23 apply 
equally to sub-committees as to committees. 

14. As soon as sub-committees are appointed notice 
should be given by the clerk of the local pension com- 



87 

mittee, in accordance with Form 15 in the First Schedule 
to the Regulations, to the Board and to each Supervisor 
of Inland Revenue in the area of the council by whom 
the committee are appointed. A name should be given 
to each sub-committee's district, and the notice should 
specify the area comprising each district (this should be 
either the names of the parishes or sanitary districts in- 
cluded in it), the name assigned to the district, and the 
powers and duties which have been delegated to the sub- 
committees. 

Forms for use by Committees. 

15. It will be seen that the Regulations provide a 
number of forms for use by the committees and sub- 
committees in dealing with claims and questions. The 
Board are arranging for the printing of the Forms 
number 3, 4A, 4B, 5 A, 5B, 6, 7, 8a, 8b, 9, 10, 11, and 13, 
and a supply of these forms will be sent for the use of 
committees and sub-committees as soon as they are ready. 
Further supplies can be procured when required free of 
charge on requisition to the Controller of His Majesty's 
Stationery Office, Prince's Street, Storey's Gate, S.W. 

16. For the purpose of the ready identification of the 
forms used by each committee or sub-committee a space 
will be found in the top right hand corner of each form, 
and the Board suggest that each clerk should provide 
himself with a rubber stamp, which should not be more 
than I J inches high and 2f inches wide, bearing the name 
of the committee or sub-committee, thus : — 

Reading 

Local Pension Committee 

or 

Easthampstead Sub-Committee 

OF THE 

Berkshire 
Local Pension Committee 
which may be used for stamping in the space provided. 



88 



The words " District " and *' Station '' with which the 
forms are generally headed are intended to signify the 
district of the Supervisor of Inland Revenue, and the 
station assigned to the local pension officer respectively. 

Procedure on Making and Determination of 
Claims for Pension. 

17. The course of procedure to be taken for the purpose 
of obtaining a pension will be as follows. 

18. The claimant will in the first instance have to fill 
up a form of claim. This form he will be able to procure 
without charge at any post office at the end of September, 
and the postmaster will at his request give him assistance 
in filling it up. The form is prescribed in the First 
Schedule to the Regulations (Form i). It is designed to 
show primarily whether the claimant fulfils the statutory 
conditions mentioned above. It is intended that pensions 
should be payable at a particular post office to be desig- 
nated by the claimant in his form of claim, and in most 
cases no doubt this will be the post office at which he will 
attend to receive the form. 

19. Forms may also be obtained from the pension 
officers who will be referred to later. When filled up the 
claimant must sign the form of claim (or if he cannot 
write must affix his mark to it) in the presence of a witness 
who will also sign it, and the form must then be delivered 
to the postmaster of the post office at which the claimant 
desires that the pension if granted should be payable, or 
to the pension officer. 

20. Section 9 (i) of the Act renders any person who 
knowingly makes a false statement or false representation 
in connection with a claim for a pension liable to six 
months' imprisonment with hard labour, and a copy of 
this section will be printed on the form of claim. 



89 

21. When the claim has been made and signed and 
delivered to the postmaster, the procedure for deciding 
and adjudicating upon the claim can begin. The three 
main points to be determined are : — 

(i) Whether the claimant satisfies the statutory con- 
ditions. 

(2) Whether he is subject to any of the dis- 

qualifications. 

(3) Assuming that his yearly means as calculated 

under the Act exceed ;^2i and are less than 
j£^i I OS., at what figure they are to be taken 
to stand. 

22. The authorities engaged in the determination of the 
claims and questions arising in connection with them will 
be the pension officers and the local pension committees, 
or where the powers and duties of the committees in the 
determination of claims and questions have been delegated 
to sub-committees, those sub-committees. It will be 
understood that in the remainder of this Circular refer- 
ences to committees must be read as applying to sub- 
committees where those bodies are in existence and acting 
on behalf of the committees in this matter. The pension 
officers will be appointed by the Treasury, and it is 
intended to appoint for this purpose the local officers of 
Excise. Each of these will act in a defined area. 

23. Claims when made have first to be investigated by 
the pension officer of the area in which the claimant 
resides. After investigation he will report upon them and 
will send the claims and his report to the committee for 
their decision. 

24. Regulation 7 provides that every postmaster upon 
delivery to him of a claim to a pension shall, unless the 
committee appointed for the area in which the claimant 
resides direct that claims shall be sent to the committee, 
forthwith send the claim to the pension officer. The 
Board suggest that at present no such direction should be 



9© 

given by the committee. It seems to them that it is desir- 
able, in the first instance, when the number of claims to 
be made will be very large, that no time should be lost 
in the process of getting the claims into the hands of the 
pension crfficers so that the work of investigation may 
proceed at once. 

25. The pension officer will make the necessary investi- 
gations into the claims and take such other steps as he may 
be directed or as may appear to him to be expedient to 
elucidate any points of doubt or obscurity in the case. 
Some instructions to him are included in the Second 
Schedule to the Regulations, and others will no doubt be 
given to him through the Board of Inland Revenue as 
circumstances require. 

26. The pension officer will at intervals send to the 
committee acting for the area in which the claimants 

' reside the claims he has received, together with his reports 
upon them, a statement of the inquiries he has made in 
reference to them and the results of those inquiries, and 
unless he is satisfied that the yearly means of a claimant 
do not exceed ;£2i, in which case if the claimant is other- 
wise qualified he would be entitled to the maximum pen- 
sion of 5s. a week, a summary of the income, property 
and other yearly means of the claimant, in order to guide 
the committee in determining the amount of the pension 
to which he may be entitled. All the documents apper- 
taining to each claim should be filed in due order and 
kept together. 

27. If any claims are received direct by the committee 
they must be sent at once to the pension officer within 
whose district the claimant resides. The committee 
should not proceed to consider or determine any claim 
until they have before them the report of the pension 
officer upon it. 

28. On receiving from the pension officer the documents 



91 

mentioned above, the clerk of the committee must arrange 
for a meeting of the committee within seven days. Not 
less than three days before the meeting notice of the time 
and place of meeting giving the names of the claimants 
whose claims are to be considered at the meeting (see 
Form No. 3 in the First Schedule to the Regulations) 
must be sent to the pension officer. Notice of the meeting 
should also be given to each member of the committee. 
The pension officer is entitled to attend any meeting of the 
committee and to speak but not to vote thereat. 

29. The committee will at the meeting consider the 
claims which are before them, together with the report of 
the pension officer and any other evidence or information 
which they may receive, and they may if they think neces- 
sary require the pension officer to procure any further 
information which it is in his power to obtain in reference 
to any matter to be considered by them. 

30. Cases in which the pension officer considers that the 
claimant is entitled to receive a pension and the committee 
agree with him will present little or no difficulty. In all 
cases, however, in which the committee on the information 
before them think that the matter ought to be decided 
adversely to the claimant they are required by the regu- 
lations to give the claimant an opportunity of being heard. 
If the claimant, or someone on his behalf, is not in attend- 
ance at the meeting the consideration of the matter must 
be adjourned, and notice (Form 6) must be sent to the 
claimant acquainting him with the fact, and stating that 
he is entitled to attend and be heard, if he so desire, at 
the meeting at which the matter will again come up for 
consideration. The subsequent meeting must be held not 
more than one month after the original meeting. 

31. If in any case the committee disagree as respects 
any matter with the report of the pension officer, the 
Regulations require that the committee shall not give their 
final decision on the claim without making such further 



92 

investigation as they think necessary. In such a case it 
will usually be desirable to give the pension officer an 
opportunity of making any further representations that 
he thinks fit upon the claim, and if necessary prosecuting 
supplemental investigations upon it. 

32. When the committee have come to any decision 
upon a claim, they should annex to the file of papers 
relating to the claim a statement of their decision, and 
the Board will supply the committee with forms for the 
purpose adapted to show the name and address of the 
claimant, with the effect of the decision, e.g., claim 
allowed or disallowed, as the case may be. Where a 
claim is allowed the weekly rate of the pension and the 
date from which it is to commence should be stated, and 
where a claim is disallowed the grounds upon which it 
has been disallowed should be given. The date of the 
decision should be inserted, and the statement should be 
authenticated by the signature of the chairman or the 
clerk of the committee. 

33. Notice of the decision should forthwith be given 
by the clerk of the committee to the claimant and the 
pension officer in Forms 4 a and 4B, or 5 a and 5B, as the 
case may require, and the date on which these notices are 
sent should be indicated upon the paper containing the 
statement of the decision. 

Appeals from Decisions of Committee. 

34. Section 7 (i) (c) of the Act provides for an appeal 
being made to the Board by the pension officer or any 
person aggrieved against a decision of the pension com- 
mittee. 

35. Form 4B notifying to the pension officer the decision 
of the committee allowing a claim, and Form 5A notifying 
to a claimant the decision of the committee disallowing 
his claim have a paragraph appended to them intimating 
that an appeal may be made and the mode of making it. 



93 

36. For the purpose of making an appeal Forms 9 
and 10 must be used. A stock of these forms will be in 
the hands of each committee, and a copy of each form 
must be supplied by the clerk of the committee, free of 
charge, to any person who desires to appeal. Before 
parting with them, the clerk should stamp them in the 
space at the right hand top corner with the name of the 
committee, and mark them with the number assigned to 
the case in the committee's register, and, in the case of 
any appellant, other than the pension officer, who makes 
a personal application for the forms, he should explain 
generally the process by which an appeal may be made. 

37. The notice of appeal (Form 9) must be filled up 
with particulars which will be obtainable from the notice 
of decision of the committee and must be signed by the 
appellant or, if he cannot write, he must affix his mark 
in the presence of a witness whose signature will be 
appended. The date on which it is sent to the Board 
must not be later than seven days after the day on which 
the notice of decision of the committee was received by 
the claimant, or, if the appellant is a person who has not 
received a notice (that is to say a person other than the 
claimant or the pension officer), within seven days of the 
date of the decision. Thus, if the claimant received the 
notice of decision on the 7th day of the month, the appeal 
must be sent off not later than the 14th. When the form 
has been duly filled up, signed and dated, it should be 
folded up and posted to the Local Government Board, 
whose address will be on the back of the form. 

38. At the same time as he sends off Form 9 to the 
Board, the appellant must send or deliver Form 10 to the 
clerk of the committee. This form is a notification to the 
committee of the appeal having been made and it is neces 
sary that it should also state the grounds upon which the 
appellant considers that the decision against which he 
appeals was wrong. If he has any documentary evidence 



94 

in support of his appeal, it should be annexed to Form lo. 
The clerk of the committee on receiving from the pension 
officer or any person other than the claimant notification 
of an appeal having been made against the allowance of a 
claim, must send to the claimant a notice in Form ii 
informing him that an appeal has been brought. 

39. The clerk will annex Form 10 and any document 
that may accompany it to the file of papers relating to the 
claim, and at once send to the Board the whole file in- 
cluding all documents concerning the claim which may be 
in the possession of the committee. He may append any 
further memorandum on the subject if he thinks fit, but 
he should not delay the dispatch of the papers on that 
account. If the Board find it necessary to communicate 
with the committee or the pension officer before deciding 
the appeal they will do so. In some cases they may find 
it expedient to direct local investigation to be made before 
deciding the appeal. 

40. The decision of the Board will be communicated to 
the committee in a form corresponding to Form 12 in the 
First Schedule to the Regulations. On receiving this 
form the clerk of the committee should at once send 
Form 13 communicating the Board's decision to the pen 
sion officer and the claimant, and should the appellant be 
neither of these persons, a form should be sent to him 
also. 

Proceedings on Decision becoming Final. 

41. When seven days have elapsed from the date of 
receipt by the pension officer or the claimant of the notice 
of decision of the committee, if no appeal has been made 
the decision of the committee will become final and con- 
dusive. If any appeal is made the decision of the Board 
iip(Mi it will similarly be final and conclusive. When this 
aUge has been reached the clerk of the committee, after 



95 

first entering a due record of the case in the register 
mentioned below, is required to send the claim and all 
documents relating thereto, which are in the possession of 
the committee, to the pension officer. The Board will 
themselves, after the decision on an appeal has been 
given, send to the pension officer the documents which 
they have received from the committee. 

Provisional Claims. 

42. The Act permits claims to be allowed provisionally, 
that is to say, before the date at which the pension will 
become payable. As in accordance with section 12 no 
person will be entitled to receive a pension until the 
ist January, 1909, all the claims allowed before that date 
will be provisionally allowed. The Regulations, more 
over, provide for claims being made and provisionally 
allowed at any time not exceeding four months before the 
date on which the claimant will become entitled to receive 
his pension, and thus it is probable that provisional allow- 
ance will come to be the normal practice. It will obviously 
be convenient to the pension authorities that claims should 
be made in good time, so that opportunity may be given 
for their being i)roperly investigated and determined 
before the date when the claimant would be entitled to a 
pension. And since, under section 5 (2) of the Act, the 
pension will not commence to accrue until the claim has 
been allowed, if the claimant defers making a claim until 
he has reached the age of 70, or has otherwise become 
entitled to receive a pension, he will have to wait until his 
claim has been investigated and finally allowed before he 
can begin to draw his pension, and so may lose some 
weeks' payments which he would otherwise have received. 

Provision as to Evidence. 

43. In determining claims the committee will no doubt 
be largely guided by the investigations made by the pen- 



96 

sion officer. In some cases these may be supplemented 
by further information which they may themselves possess, 
but the committee will not be required to undertake inde- 
pendent investigations. They may, however, call upon 
the pension officer to procure further evidence if he can 
do so. Regard may be had not only to strictly legal 
evidence such as would be admissible in a Court of law, 
but to any such evidence as is in the opinion of the com- 
mittee sufficient for the purpose, and is the best informa- 
tion which it is reasonably possible to obtain. 

44. In connection with questions as to the fulfilment of 
the statutory condition as to residence or questions arising 
under the proviso to section 3 (i) (b) of the Act, the com- 
mittee will take note of the special provisions on these 
subjects contained in Regulations 29 and 30. 

Determination of Questions. 

45. Besides deciding upon original claims for pensions, 
the committee will also have to adjudicate upon questions 
of various kinds that may arise under the Act, such as 
questions whether a pensioner is or is not disqualified for 
continuing to receive a pension, whether a pensioner is 
entitled to receive a pension at a higher rate than that 
which he is at the time receiving, or whether the statutory 
conditions continue to be fulfilled. 

46. Questions of this kind may be raised by the pen- 
sioner, or may originate with the pension officer, but how- 
soever arising they will in the first instance fall to be 
investigated by the pension officer, and the procedure for 
determining them will generally follow that laid down 
for the consideration of claims. The committee will 
receive from the pension officer a report on any such 
question, and will deal with it generally in the same 
manner as they deal with claims. Forms 7, 8a, and 8b, 
in the First Schedule to the Regulations are to be used in 
dealing with such questions. Appeals may be made 



97 

against decisions of the committee on questions in the same 
way as against decisions on claims. 

Register of Cases Dealt with by Committee, 

47. Regulation 23 requires the clerk of every committee 
to keep a record, in such form and containing such par- 
ticulars as the Board direct, of all claims and questions in 
respect of which a report is sent to the committee by the 
pension officer and of the decision of the committee 
thereon. The Board propose shortly to issue an Order 
prescribing the form of register in which this record shall 
be kept. 

48. The functions of the committee do not extend to 
supervising the payment of the pensions, nor are they 
required to consider questions of the continuance of quali- 
fication for pension, unless such questions are brought 
before them by the pension officer for determination. No 
reference is, therefore, made in this Circular to these 
matters. 

49. Various points in connection with the expenses of 
the committees are dealt with in the Financial Instructions 
for Pension Committees and Sub-Committees issued by 
the Treasury, a copy of which accompanies this letter. 
Correspondence on matters of finance should be addressed 
to the Treasury, Whitehall, S.W. 

I am. Sir, 

Your obedient Servant, 

S. B. PROVIS, 

Secretary. 
To 

The Clerk of the County Council 

or 
The Town Clerk 

or 
The Clerk to the Urban District Council. 



98 



CIRCULAR TO BOARDS OF GUARDIANS. 
THE OLD-AGE PENSIONS ACT, 1908. 

Local Government Board, Whitehall, S.W., 
loth October, 1908. 

Sir, 

I am directed by the Local Government Board to 
state, for the information of the board of guardians, 
that, under No. 35 of the Old- Age Pensions Regulations 
which have been made under the Old-Age Pensions Act, 
1908, by the Treasury in conjunction with the Board and 
the Postmaster-General, it is provided that — 

'* for the purpose of enabling a pension officer to 
ascertain whether any person is disqualified by 
reason of the receipt of poor relief for receiving or 
continuing to receive a pension, every officer or 
person acting in the administration of the relief of 
the poor shall, if so requested to do by the pension 
officer, supply to the pension officer such informa- 
tion as it is in his power to give as respects any 
person who is or has been in receipt of poor relief. ' ' 

The Board have been in communication with the Com- 
missioners of Inland Revenue on the subject of this 
Regulation, and they understand that the ordinary pro- 
cedure which the pension officers will adopt under it will 
be to send to the clerk to the guardians a list of the names 
and addresses of any claimants for pensions as to whom 
information is needed, with an inquiry whether any such 



99 

claimant or any member of his family is or has been in 
receipt of any poor relief within the meaning of section 3 
(i) (a) of the Act. This procedure will of course not 
prevent the pension officer from obtaining information, 
informally from relieving officers. 

The Board have no doubt that the guardians and their 
officers will be willing to co-operate with the pension 
officers in the matter and afford them all such information 
as they may require. If , in the opinion of the guardians, 
the extra labour involved in so doing demands the pay- 
ment of some small extra remuneration to any officer, it 
will be open to them to make a payment out of their 
funds for the purpose. It is understood that the pension 
officers have no funds out of which such payments can be 
made. 

A copy of the Act and of the Regulations made under 
it is enclosed for the information of the guardians. 

I am, Sir, 

Your obedient Servant, 

S. B. PROVIS, 

Secretary. 

To the Clerk to the Guardians. 



98 



CIRCULAR TO BOARDS OF GUARDIANS. 
THE OLD-AGE PENSIONS ACT, 1908. 

I>ocal Government Board, Whitehall, S.W., 
loth October, 1908. 

Sir, 

I am directed by the Local Government Board to 
state, for the information of the board of guardians, 
that, under No. 35 of the Old- Age Pensions Regulations 
which have been made under the Old-Age Pensions Act, 
1908, by the Treasury in conjunction with the Board and 
the Postmaster- General, it is provided that — 

'* for the purpose of enabling a pension officer to 
ascertain whether any person is disqualified by 
reason of the receipt of poor relief for receiving or 
continuing to receive a pension, every officer or 
person acting in the administration of the relief of 
the poor shall, if so requested to do by the pension 
officer, supply to the pension officer such informa- 
tion as it is in his power to give as respects any 
person who is or has been in receipt of poor relief. ' ' 

The Board have been in communication with the Com- 
missioners of Inland Revenue on the subject of this 
Regulation, and they understand that the ordinary pro- 
cedure which the pension officers will adopt under it will 
be to send to the clerk to the guardians a list of the names 
and addresses of any claimants for pensions as to whom 
information is needed, with an inquiry whether any such 



99 

claimant or any member of his family is or has been in 
receipt of any poor relief within the meaning of section 3 
(i) (a) of the Act. This procedure will of course not 
prevent the pension officer from obtaining information, 
informally from relieving officers. 

The Boafd have no doubt that the guardians and their 
officers will be willing to co-operate with the pension 
officers in the matter and afford them all such information 
as they may require. If, in the opinion of the guardians, 
the extra labour involved in so doing demands the pay- 
ment of some small extra remuneration to any officer, it 
will be open to them to make a payment out of their 
funds for the purpose. It is understood that the pension 
officers have no funds out of which such payments can be 
made. 

A copy of the Act and of the Regulations made under 
it is enclosed for the information of the guardians. 

I am, Sir, 

Your obedient Servant, 

S. B. PROVIS, 

Secretary. 

To the Clerk to the Guardians. 



98 



CIRCULAR TO BOARDS OF GUARDIANS. 
THE OLD-AGE PENSIONS ACT, 1908. 

Local Government Board, Whitehall, S.W., 
loth October, 1908. 

Sir, 

I am directed by the Local Government Board to 
state, for the information of the board of guardians, 
that, under No. 35 of the Old- Age Pensions Regulations 
which have been made under the Old-Age Pensions Act, 
1908, by the Treasury in conjunction with the Board and 
the Postmaster- General, it is provided that — 

'' for the purpose of enabling a pension officer to 
ascertain whether any person is disqualified by 
reason of the receipt of poor relief for receiving or 
continuing to receive a pension, every officer or 
person acting in the administration of the relief of 
the poor shall, if so requested to do by the pension 
officer, supply to the pension officer such informa- 
tion as it is in his power to give as respects any 
person who is or has been in receipt of poor relief. '' 

The Board have been in communication with the Com- 
missioners of Inland Revenue on the subject of this 
Regulation, and they understand that the ordinary pro- 
cedure which the pension officers will adopt under it will 
be to send to the clerk to the guardians a list of the names 
and addresses of any claimants for pensions as to whom 
information is needed, with an inquiry whether any such 



99 

claimant or any member of his family is or has been in 
rtxeipt of any poor relief within the meaning of section 3 
(i) (a) of the Act. This procedure will of course not 
prevent the pension officer from obtaining information 
informally from relieving officers. 

The Boafd have no doubt that the guardians and their 
officers will be willing to co-operate with the pension 
officers in the matter and afford them all such information 
as they may require. If, in the opinion of the guardians, 
the extra labour involved in so doing demands the pay- 
ment of some small extra remuneration to any officer, it 
will be open to them to make a payment out of their 
funds for the purpose. It is understood that the pension 
officers have no funds out of which such payments can be 
made. 

A copy of the Act and of the Regulations made under 
it is enclosed for the information of the guardians. 

I am. Sir, 

Your obedient Servant, 

S. B. PROVIS, 

Secretary. 

To the Clerk to the Guardians. 




lOO 



CIRCULAR TO COUNCILS APPOINTING 

LOCAL PENSION COMMITTEES, AND TO 

LOCAL PENSION COMMITTEES AND 

SUB-COMMITTEES. 

OLD-AGE PENSIONS ACT, 1908. 

Local Government Board, Whitehall, S.W., 
27 th October, 1908. 
Sir, 

I am directed by the Local Government Board to 
forward copies of the Regulations which have now been 
made under section 10 of the Old-Age Pensions Act, 1908 
(8 Edw. VIL, c. 40). These Regulations supersede the 
Provisional Regulations which were issued in August last. 

The Regulations now made are for the most part 
identical with the Provisional Regulations. Apart from a 
few alterations which are merely verbal, the following are 
the points on which the new Regulations differ from the 
Provisional Regulations : — 

No. 19. Words have been added to paragraph (2) 
of this Regulation requiring that a conmiittee on 
receiving notice of any decision of the Board on an 
appeal by a person aggrieved other than the claimant 
or pensioner, shall send information of such decision 
to that i>erson as well as to the pension officer and to 
the claimant or pensioner. 

No. 22. This Regulation has been slightly altered 
with the object of making it clear that the right of 
a sub-committee to the use of offices of a local 
authority extends to any such offices in the area of 
the council of the county, borough, or urban district 
by whom the local pension committee are appointed, 
and is not confined to offices within the area of the 
sub-committee. 

A proviso has also been added to paragraph (3) 
of the Regulation directing that, except with the 
sanction of the Board, a committee or sub-committee 
shall not hold a meeting on any licensed premises. 



lOT 

nor shall any such premises be used without such 
sanction as an office of the committee or sub-com- 
mittee, or for any purpose of or incidental to their 
business. The sanction of the Board in any 'such 
case is only to be given when no other suitable room 
is available, either free of charge or at a cost not 
exceeding the scale fixed by the Treasury. For the 
purpose of the Regulation, the expression "licensed 
premises " is defined by paragraph (4) of the Regula- 
tion to mean premises licensed for the sale of 
intoxicating liquor, and to include any club at which 
such liquor is supplied. 

No. 24. A proviso has been added to paragraph (2) 
of this Regulation, to enable th? Board, in special 
circumstances, to authorise a smaller or a greater 
number of members of a sub-committee than that 
specified in the Regulation. 

No. 31. Some alteration has been made in 
paragraph (2) of the Regulation, with respect to the * 
disposal of documents by the pension officers. 

No. 36. Paragraph (i) of this Regulation has been 
altered to bring it up to date. It requires that every 
council by whom a local pension committee has not 
already been appointed shall forthwith hold a meeting 
for the purpose of appointing such committee. 

No. 38. This Regulation is new. It provides that 
everything done in pursuance of the Provisional Regu- 
lations shall, notwithstanding anything contained in 
the present Regulations, be deemed to have been 
validly done, and have full effect accordingly. 
I am, Sir, your obedient Servant, 

S. B. PROVIS, Secretary. 

The Clerk to the County Council or 

Urban District Council, 
or 
The Town Clerk, 

or 
The Clerk to the Local Pension Committee or 

Sub-Commit] 




I02 



[SCOTLAND.] 

Local Government Board, Edinburgh, 
22nd August, 1908. 

OLD-AGE PENSIONS ACT 1908. 

General Provisions. 

Sir, 

The Board have already in their Circular of 7th instant 
directed the attention of county and town councils to the 
provisions of the above Act, and, as indicated in that 
Circular, they now wish to refer to the Act in more detail, 
with special reference to the Regulations which have been 
made under section 10. Two copies of the Regulations are 
enclosed. 

The general scheme is, as you are aware, to proyide old- 
age pensions in accordance with the scale set forth in the 
Schedule to the Act for persons of 70 years of age and 
upwards. Such persons will not be entitled to a pension 
until the first day of January, 1909, and no pension will 
begin to accrue until that day. Although in the Act and 
Regulations and in this Circular the pensioner is spoken of 
as masculme, it will be understood that, in accordance with 
section i of the Interpretation Act, 1889, the scheme 
applies both to men and women. It also applies to them 
whether they are married or single. 

Every person in whose case certain conditions are fulfilled 
will be entitled to receive a pension so long as these con- 



I ©3 

ditions continue to be fulfilled and he is not disqualified 
under the Act. The receipt of an old-age pension is not to 
deprive the pensioner of any franchise right or privilege, or 
subject him to any disability. 

Statutory Conditions and Disqualifications. 

The statutory conditions are laid down in section 2 of 
the Act as follows : — 

" I. The person must have attained the age of seventy. 

" 2. The person must, for at least twenty years up to 
the date of the receipt of any sum on account 
of a pen'iion, have been a British subject and 
have had his residence, as defined by Regula- 
tions under this Act, in the United Kingdom. 
" 3. The means of the person, as calculated under this 
Act, must not exceed thirty-one pounds ten 
shillings." 
The term " residence " is defined by Regulation 29. 
There are certain disqualifications attaching to persons 
otherwise qualified to receive pensions which are enumer- 
ated in section 3 of the Act. 

Central Pension Authority and Pension Officers. 

The Central Pension Authority is the Local Government 
Board for Scotland, who may act through such committee, 
persons, or person appointed by them as they think fit. 

Pension officers are to be appointed by the Treasury in 
such numbers and for such areas as the Treasury think 
desirable. The Board will in due course notify each 
committee and sub-committee of the name and address of 
the pension officer in charge of its area. 



I04 



Local Pension Committees and Sub-Committees. 

The Board in their Circular of 7th instant alluded to 
the appointment of local pension committees and sub- 
committees. Regulation 2 1 deals with the constitution and 
with the proceedings of these committees. The local 
pension committee is to consist of such number of persons, 
not being less than seven nor more than the number of the 
council by whom the committee is appointed, as the council 
may determine, and the quorum is in no case to be less 
than three. The persons appointed to be members of a 
local pension committee need not, however, be members of 
the council by which they are appointed. 

As indicated in their Circular of the 7th instant, one of 
the most important questions for the local pension com- 
mittees to consider is whether sub-committees should be 
appointed, and, if so, for what areas. As already pointed 
out, a local pension committee may appoint sub-committees 
consisting either wholly or partly of members of committee 
as the committee think fit. In the large counties and burghs 
the Board think it will be absolutely necessary to appoint 
sub-committees. Each sub-committee must consist of such 
number of members, not being less than five nor more than 
nine, as the local pension committee may determine. The 
districts into which counties are divided for the purposes of 
the Local Government Act of 1889 may, in some counties, 
form suitable pension areas. Where these are too extensive 
the county council electoral divisions would naturally 
suggest themselves as pension areas. Two or more of such 
divisions might be combined, and county councillors 
representing these divisions might serve on the sub- 
committee. In large burghs the municipal wards, or 
combination of wards, might likewise serve as pension 
areas. 



I05 

It is, in the opinion of the Government, very desirable, 
to secure the direct representation of workmen's associa- 
tions on the sub committees, and the Board accordingly 
suggest that appointing councils, and the local pension 
committees who contemplate appointing sub committees 
might, with advantage, communicate with local branches 
of trade unions, with friendly societies and similar bodies, 
and with other available sources, with a view to the nomi- 
nation of suitable and representative persons to serve on 
such local pension committees and sub-committees. It 
should also be kept in view that women are eligible for 
service on these committees. 

Immediately sub-committees are appointed, the clerk to 
the local pension committee must notify the Board and such 
pension officer as the Board direct, in accordance with 
form 15 in the first schedule to the Regulations. A name 
should be assigned to each sub-committee's district, and the 
notice should specify such names, the area comprising each 
district, and the powers and duties which have been dele- 
gated to the sub-committees. 

First Meeting of Local Pension Connmittee. 

The first meeting of the committee is to be convened by 
the clerk of the appointing council as soon as may be after 
the committee has been appointed. This meeting may, 
subject to the proviso in Regulations 36 (3), be held without 
any notice immediately after the appointment of the 
committee. 

Clerks to Committees. 

Every committee and sub-committee must appoint some 
fit person to be clerk of the committee, who will hold 
office during the plea^sure of tl^e committee, fh^ f^S^ 




io6 

neration of the clerk is dealt with in the Financial Instruc- 
tions hereafter referred to. It will be noted, however, that 
Regulation 23 (4) provides that in the case of a sub- 
committee the remuneration will be assigned by the local 
pension committee. 

The clerk of every committee must, immediately on his 
appointment, notify to the Board the appointment, together 
with his name and address. In doing so he should follow 
the terms of form 14 in the First Schedule to the Regula- 
tions. 

The Board propose shortly to issue an Order prescribing 
the form of register which, by Regulation 23, the clerk of 
every committee is required to keep. 

Office Accommodation. 

Section 10 (i) (c) of the Act provides for Regulations 
being framed in regard to the use by the local pension 
committee, with or without payment, of any offices of a 
local authority. Regulation 22 provides that the local 
pension committee shall, for the purpose of any of the 
meetings of the committee, be entitled to use free of charge 
(except a charge for heating, lighting, or cleaning) at all 
reasonable times and after reasonable notice, any offices of 
any local authority situate in the area for which the 
committee or sub-committee is appointed. 

The Board trust that any local authority, on application 
being made to them, will endeavour to assist the local 
pension committee or sub-committee by providing them 
with the necessary accommodation. Where accommodation 
in the chambers or offices of the appointing councils is not 
available, the Board would suggest the schools as the most 
convenient place for meetings, and there should be no 



I07 

difficulty in arranging for the use of them. If such offices 
and schools are not available, provision is made for hiring 
such room as may be required for the purpose of any 
meeting of the committee. The cost of hiring is dealt with 
in the Financial Instructions hereafter mentioned. 

If any question arises under Regulation 22 as to what 
is reasonable it may be determined by the Board. 



Making of Claims. 

The method of making claims is explained in Regulations 
6 and 7. Any person who desires to make a claim may do so 
by filling up a form (prescribed in Schedule I. of Regulations) 
and delivering the form, when filled up, either to the 
postmaster of the post office at which he desires that the 
pension should be payable or to the pension officer. 
Forms of claim may be obtained gratis from any postmaster, 
who will, if requested by the claimant, afford him assistance 
in filling up the form. When filled up, the form of claim 
must be signed by the claimant (or, if he cannot write, the 
form must have his mark affixed to it) in the presence of a 
witness, who will also sign it. If any person knowingly 
makes any false statement or false representation, he shall 
be liable on summary conviction to imprisonment for a term 
not exceeding six months, with hard labour. 

Every postmaster, upon delivery to him of a claim to a 
pension, shall, unless he has received from the committee 
appointed for the area in which the claimant resides 
directions that claims shall be sent to the committee, 
forthwith send the claim to the pension officer. The Board 
suggest that at present no such direction should be given 
by the committee. It seems to them that it is desirable, in 
the first instance, when the number of claims to be made 



io8 

will be very large, that no time should be lost in the process 
of getting the claims into the hands of the pension officer, 
so that the work of investigation may proceed at once. 

Investigation and Determination of Clainns by 
Pension Officers and Connmittees. 

The investigation and determination of claims by pension 
officers and committees is fully dealt with in Regulations 8 to 
1 6 inclusive. 

The pension officer is required to keep a register of all 
claims, and to enter in the register such particulars as the 
Treasury may direct of every decision of the committee or 
of the Local Government Board. The pension officer is to 
investigate the claim in such manner as he thinks best fitted 
for ascertaining the truth of the particulars stated in the claim, 
and, as soon as his investigations are complete, he is to 
report thereon to the committee or sub-committee as the 
case may be. Some instructions to the pension officer are 
included in the Second Schedule to the Regulations, and 
others will no doubt be given to him through the Board of 
Inland Revenue as circumstances require. 

The committee or sub-committee, not later than seven 
days after the receipt of the report of the pension officer, 
are to consider the claim. The pension officer is entitled 
to attend any meeting held for considering any claim, and 
to speak but not to vote thereat. The committee or sub- 
committee may require the pension officer to procure any 
further information which it is in his power to procure in 
reference to any matter to be considered by the committee. 

Regulation 12 prescribes the manner in which notices of 
meetings for considering claims shall be given. The 
pension officer must be informed of all meetings. Jn 



I09 

many cases the committee may find it expedient to ask the 
pension officer to attend. His presence would often enable 
the committee to obtain additional information where such 
was necessary, and might obviate the adjournment of the 
meeting which is contemplated and provided for in Regula- 
tion 14. 

Where it is found necessary to adjourn a meeting for 
further consideration of a claim, such adjourned meeting 
must take place not more than one month after the date of 
the original meeting. The claimant is entitled to attend 
and to be heard at any such adjourned meeting. 

Where a claim is disallowed, the notice to be sent to the 
claimant shall state that the claimant is entitled to appeal to 
the Central Pension Authority, and the grounds upon which 
the claim has been disallowed must also be stated. 



Provisional Claims. 

Regulation 16 provides that a claim may be made and 
provisionally allowed at any time not exceeding four months 
before the date on which the claimant will become entitled 
to receive his pension. It is probable that such provisional 
allowance will come to be the normal practice. It will 
obviously be convenient to the pension authorities that 
claims should be made in good time, so that opportunity 
may be given for their being properly investigated and 
determined before the date when the claimant would be 
entitled to a pension. And since, under section 5 (2) of 
the Act, the pension will not commence to accrue until the 
claim has been allowed, if the claimant defers making a 
claim until he has reached the age of 70, or has otherwise 
become entitled to receive a pension, he will have to wait 
until his cUim has been investigated and finally allowed 



before he can begin to draw his pension, and so may lose 
some weeks' payments which he would otherwise have 
received. 



Raising and Deternnination of Questions. 

It is provided by Regulation 17 that if any pensioner 
desires to raise any question as to the weekly rate of pension 
to which he is entitled he may send a statement of his case 
to the pension officer, who is to investigate and report on 
the question in the same manner mutatis mutandis as he 
is required to do so in the case of a claim. Likewise 
provision is made for the pension officer raising and bringing 
before the committee or sub-committee any question as to 
the continuance in the case of a pensioner of the fulfilment 
of the statutory conditions, or as to the disqualification of 
the pensioner, or any question as to the weekly rate of 
pension, and the committee or sub-committee are to consider 
and determine the question in the same manner as in the 
case of a claim. 



Appeals from Decisions of the Connmlttee. 

Section 7 (i) (c) of the Act provides for an appeal being 
made to the Board by the pension officer or any person 
aggrieved against a decision of the pension committee. 

For the purpose of making an appeal, forms 9 and 10 
must be used. A stock of these forms will be in the hands 
of each Committee, and a copy of each form must be 
supplied by the clerk of the committee, free of charge, to 
any person who desires to appeal. Before parting with 
them, the clerk should mark them in the space at the right 
hand top corner with the name of the committee, and, in 
the case of any appellant other than the pension officer who 



makes a personal application for the forms, he should 
explain generally the process by which an appeal may be 
made. 

The notice of appeal (form 9) will be filled up with par- 
ticulars which will be obtainable from the notice of decision 
of the committee, and must be signed by the appellant, or, 
if he caiinot write, he must affix his mark in the presence of 
a witness, whose signature will be appended. The date on 
which it is sent to the Board must not be later than seven 
days after the day on which the notice of decision of the 
committee was received by the claimant, or, if the app^ llant 
is a person who has not received a notice (that is to say, a 
person other than the claimant or the pension officer), 
within seven days of the date of the decision. 

At the same time as he sends off form 9 to the Board the 
appellant must send or deliver form 10 to the clerk of the 
committee. This form is a notification to the committee 
of the appeal having been made, and it is necessary that 
it should also state the grounds upon which the appellant 
considers that the decision against which he appeals was 
wrong. If he has any documentary evidence in support of 
his appeal, it should be annexed to form 10. The clerk of 
the committee, on receiving from the pension officer or any 
person other than claimant, notification of an appeal having 
been made against the allowance of a claim, must send to 
the claimant a notice in form 1 1 informing him that an 
appeal has been brought. 

The clerk will annex form 10, and any document that 
may accompany it, to the file of papers relating to the 
claim, and at once send to the Board the whole file, 
including alldocuments concerning the claim which may 
be in the possession of the committee. He may append 
any further memorandum on the subject if he think fit, but 



112 

he should not delay the dispatch of the papers on that 
account. If the Board find it necessary to communicate 
with the committee or the pension officer before deciding 
the appeal they will do so. In some cases they may find it 
expedient to direct local investigation to be made before 
deciding the appeal. 

The decision of the Board will be communicated to the 
committee in a form corresponding to form 1 2 in the First 
Schedule to the Regulations. On receiving this form the 
clerk of the committee should at once send form 13, com- 
municating the Board's decision to the pension officer and 
the claimant, and should the appellant be neither of these 
persons, a form should be sent to him also. 

Proceedings on Decision beconning Final. 

When seven days have elapsed from the date of receipt 
by the pension officer or the claimant of the notice of 
the decision of the committee, if no appeal has been made 
the decision of the committee will become final and con- 
clusive. If any appeal is made the decision of the Board 
upon it will similarly be final and conclusive. When this 
stage has been reached the clerk of the committee, after 
first entering a due record of the case in his register, is 
required to send the claim and all documents relating 
thereto, which are in the possession of the committee, to 
the pension officer. The Board will themselves, after the 
decision on an appeal has been given, send to the pension 
officer the documents which they have received from the 
committee. 

Refusal or Neglect of Comnnittees to Consider 
Claims or Questions, 

Regulation 20 provides for an application to the Board 
under paragraph {d) of sub-section i of section 7 of the 



113 

Act by a person aggrieved by the refusal or neglect of a 
committee to consider a claim, or determine any question, 
and applies to such applications the provisions of the 
Regulations relating to the procedure of the Board on 
appeals. 

Payment of Pensions and Expenses of 
Committees, 

The functions of the committees do not extend to super- 
vising the payment of the pensions, nor are they required 
to consider questions of the continuance of qualification for 
pension, unless such questions are brought before them by 
the pension officer for determination. 

Various points in connection with the expenses of the 
committees are dealt with in the Financial Instructions for 
Pension Committees and Sub-Committees issued by the 
Treasury, copies of which accompany this circular. Corres- 
pondence on matters of finance should be addressed to the 
Treasury, Whitehall, S.W. 

Regulation 25, as applied to Scotland by Regulation 3, 
provides for the immediate payment of the expenses of 
committees. 

Forms. 

A supply of the necessary forms prescribed by the Regu- 
lations will be sent for the use of committees and sub- 
committees in due course. Further supplies can be procured, 
when required, free of charge, on requisition to the Clerk- 
in-charge, H.M. Stationery Office, 26, St. James's Square, 
Edinburgh. 

It will be observed that, in order to enable all claims 
made during the year 1908 to be investigated and deter- 



114 

mined,, whenever possible, before ist January, 1909, 
Regulation 37 empowers the Board and the Treasury, if 
they see fit, to make orders declaring the appointment of 
any committee to be valid notwithstanding any defect in 
the appointment thereof, or dispensing with compliance 
with any of the Regulations, or to make any orders or give 
any directions otherwise necessary for the purpose of 
bringing the Act into effect. 
I am, Sir, 

Your obedient Servant, 

G. FALCONAR-STEWART. 

To the County Clerk, 

or 

The Town Clerk. 



1^5 



Local Government Board, Edinburgh, 
14th October, 1908. 

THE OLD-AGE PENSIONS ACT, 1908. 

Sir, 

I am directed by the Board to state, for the informa- 
tion of the parish council, that, under No. 35 of the 
Old- Age Pensions Regulations which have been made 
under the Old-Age Pensions Act, 1908, by the Treasury 
in conjunction with the Board and the Postmaster-General, 
it is provided that — 

'* for the purpose of enabling a pension officer to 
ascertain whether any person is disqualified by 
reason of the receipt of poor relief for receiving or 
continuing to receive a pension, every officer or 
person acting in the administration of the relief 
of the poor shall, if so requested to do by the 
pension officer, supply to the pension officer such 
information as it is in his power to give as respects 
any person who is or has been in receipt of poor 
relief.'' 

The Board understand that the ordinary procedure 
whic^h the pension officers will adopt under this Regulation 
will be to send to the inspector of poor a list of the names 
and addresses of any claimants for pensions as to whom 
information is needed, with an inquiry whether any such 
claimant or any member of his family is or has been in 
receipt of any poor relief within the meaning of 
section 3 (i) (a) of the Act. This procedure will of 

K 



ii6 

course not prevent the pension officer from obtaining 
information informally from the inspectors of poor. 

The Board have no doubt that the parish councils and 
their officers will be willing to co-operate with the pension 
officers in the matter and afford them all such information 
as they may require. If, in the opinion of the parish 
council, the extra labour involved in so doing demands 
the payment of some small extra remuneration to any 
officer, it will be open to them to make a payment out of 
their funds for the purpose. It is understood that the 
pension officers have no funds out of which such pay- 
ments can be made. 

A copy of the Act and of the Regulations made under 
it will be forwarded, if desired, on application. 

I am. Sir, 

Your obedient Servant, 

G. FALCONAR-STEWART, 

Secretary. 

To the Inspector of Poor. 



117 



Local Government Board, Edinburgh, 
29th October, 1908. 

OLD-AGE PENSIONS ACT, 1908. 

Sir, 

The Board direct me to enclose for your information 
two copies of the Old- Age Pensions Regulations, 1908, 
dated 15th October, 1908, which supersede the Pro- 
visional Regulations issued on 20th August last, and 
referred to in the Board's Circular, No. III., 1908. 

Your attention is directed to the following alterations 
and additions, viz. : — 

No. 19 (2). — In cases where the appellant is not the 
claimant or pensioner, provision is now made that notice 
of the Board's decision must be intimated by the com- 
mittee to such appellant. The words added to the 
Regulation are — '* and likewise (if the appellant is a 
person aggrieved other than the claimant or pensioner) to 
the appellant." 

No. 22 (i). — The words '* of the council by '' have 
been substituted for the word '* for '' in the second last 
line of this Regulation. This will enable a sub-committee 
to go outwith its own area to secure offices for meetings 
if no convenient or suitable offices are available in its own 
area. 

No. 22 (3). — An important provision has been added to 
this Regulation. A pension committee are not to hold 
meetings on, or to use as an office of the committee, 

K 2 



ii8 

licensed premises unless with the sanction of the Board. 

The additional words are : — 

*' And (b) except with the sanction of the Local 
Government Board (which sanction shall only be 
given when no other suitable room is available 
either free of charge or at a cost not exceeding 
such scale as aforesaid) a committee shall not 
hold a meethig on any licensed premises, nor 
shall any such premises be used, without such 
sanction, as an office of the committee or for any 
purpose of or incidental to the business of the 
committee. ' ' 

No. 22 (4). — The expression '' licensed premises " is 
defined as follows ; — 

** And the expression ' licensed premises ' means 
premises licensed for the sale of intoxicating 
liquor, and includes any club at which such 
liquor is supplied.'' 

No. 24 (2). — A proviso is added, giving the Board 
power in special circumstances to authorise a smaller or 
a greater number of members of a sub-committee than that 
fixed by the Regulation. The proviso reads : — 

'* Provided that the Local Government Board may 
in special circumstances authorise a smaller or a 
greater number.'' 

No. 31 (2). — The disposal of documents dealing with 
claims or questions is now regulated thus : — 

'* Subject as hereinafter provided, the pension officer 
shall preserve all such documents for such 
period after the date of the decision on the 
claim or question, as the Treasury may deter- 
mine, and on the expiration of that period they 
shall be destroyed or otherwise disposed of in 
such manner as the Treasury may direct." 



119 

No. 36 (i). — This '* temporary provision '' has been 
amended so that '* every council by whom a local pension 
committee has not been appointed before the date of these 
Regulations shall forthwith hold a meeting for the pur- 
pose of appointing the committee, and the council shall 
have full power to appoint the committee at that meeting 
or any adjournment thereof, notwithstanding that any 
standing orders or regulations relating to the notices to 
be given of business to be transacted at meetings of the 
council have not been complied with/' It is satisfactory 
to note, however, that in Scotland all the local pension 
committees have now been appointed. 

No. 38. — This is a new provision and reads as 
follows : — 

'* These Regulations shall be deemed to have had 
effect as from the 28th day of August, 1908. 

" Provided that anything done in pursuance of the 
Provisional Regulations made under the Act on 
the 20th day of August, 1908, shall, notwith- 
standing anything in these Regulations, be 
deemed to have been validly done and have full 
effect accordingly.'' 

Additional copies of the Regulations may be had, on 
application, for the "use of the members of your council 
or committee. 

I am. Sir, 

Your obedient Servant, 

G. FALCONAR-STEWART, 

Secretary. 
To 

The County Clerk, 

or 
The Town Clerk, 

or 
The Clerk to the Local Pension Committee 
or Sub-Committee. 



I20 



[IRELAND.] 

Local Government Board, 
Dublin, 

8th August, 1908. 

Sir, 

Adverting to their Circular Letter of the 4th instant, on 
the subject of the Old- Age Pensions Act, 1908, I am 
directed by the Local Government Board for Ireland to 
state that, in view of the limited time which will be available 
for the consideration of the claims for pensions accruing in 
January next, the Board deem it advisable, without waiting 
for the publication of the Regulations of the Treasury, to 
issue, herewith, copies of an explanatory memorandum as 
to the steps to be taken by each council and pension com- 
mittee in Ireland in order to bring the provisions of the Act 
into operation. 

As some councils are holding their ordinary meetings 
next week, the Board have prepared this memorandum 
without delay from an advanced proof of the Regulations, 
and they have no doubt that the instructions contained 
therein will be of immediate use in the event of any 
questions being raised in reference to the procedure at the 
meetings to be held for the purpose of appointing the 
pension committees. 



T2I 

The Act and the Regulations will be forwarded as soon 
as possible, and I am to request that in the meantime you 
will be good enough to forward a copy of the memorandum 
to each member of your council. 

I am, Sir, 
Your obedient Servant, 

(Signed) H. COURTENAY, 
Assistant Secretary 

To the Secretary 

of each County Council, 
and 
The Clerk of each Borough and 
Urban District, having a 
Population of over 10,000. 



LOCAL GOVERNMENT BOARD FOR IRELAND. 

OLD-AGE PENSIONS ACT. 

INSTRUCTIONAL MEMORANDUM. 

I. The county councils and urban district councils have 
had before them the Board's Circular Letter of the 4th 
instant relating to the meetings to be held during the 
present month in order to put into operation the provisions 
of the Old-Age Pensions Act, and this Memorandum refers 
to the further preliminary arrangements to be made for the 
establishment of the local pension committees, upon whom, 
in conjunction with the pension officers to be appointed by 
the Treasury, determination of claims for pensions will 
devolve. 



122 



Appointment of Local Pension Committee by 
the Council. 

2. The first step to be taken by the council at this meet- 
ing is the appointment of the local pension committee 
referred to in section 8 (i) of the Act. At this meeting, or 
at any adjournment thereof, the council may appoint the 
local pension committee, irrespective of any standing orders 
relating to notices to be given or business to be transacted. 

3. The council will observe from the Act that the mem- 
bers of the pension committee need not necessarily be 
members of the council, and it will be for the council to 
determine the number of persons outside their own body (if 
any) who should be appointed on the committee. The 
total number of the committee must not exceed the number 
of the appointing council, and must not be less than seven. 

4. In considering the selection of the person to act on 
the pension committee, the council should bear in mind 
that the local sub-committees, upon whom the consideration 
of claims for pensions will in most cases ultimately fall, will 
be appointed by the pension committee and not by the 
council. If, therefore, in the case of a county the council 
desire that all the councillors representing the county 
electoral divisions should take part in the selection of these 
important committees, ihey can effect this object by appoint- 
ing every member of the council upon the pension com- 
mittee in the first instance, thus leaving it to the council, in 
the capacity of pension committee, to determine the con- 
stitution of the sub-committees, the duties to be delegated 
to them, and the areas over which they will act. Where 
sub-committees are not considered necessary the council, 
in appointing the local pension committee will, doubtless, 
avail themselves of their right to select members from out- 



123 

side their own body. This, however, is a matter which 
the Act leaves entirely to the discretion of the appointing 
council. 

The council must send notice to the Local Government 
Board of the appointment of the committee, immediately 
upon its formation. 

5. Having appointed the committee, the council must 
then fix a date and place for the first meeting of the 
committee, and this date must be within fourteen days of 
the meeting at which the committee is appointed. It will 
be the duty of the clerk of the council to convene the 
meeting upon the date fixed. 

Appointment of Sub-Committees by the Pension 
Committee, 

6. Each sub-commiktee must consist of not more than 
nine members and not less than five. It must be composed 
either wholly or partly of members of the local pension 
committee, and it will, therefore, be necessary that at least 
one member of every sub-committee should be a member 
of the pension committee. 

7. In the urban districts with a population not much in 
excess of the 10,000 limit the pension committee may find 
themselves able to dispense with sub-committees : but in 
the larger cities and counties the Board believe that it 
would be quite impossible to do so. A single committee 
in a county or large city would scarcely find time to deal 
with all the applications which would come before them by 
the I St January next, and it not likely that they would be in 
possession of sufficient knowlege of the people in every part 
of their district to facilitate them in the consideration of 
claims. 



124 

S. The Board therefore believe that at all events until the 
claims of all the persons at present eligible for pensions are 
disposed of, nearly every pension committee outside the 
urban districts above referred to will find it necessary to 
appoint sub-committees ; and where this is agreed upon, the 
pension committee will then have to determine the number 
of such sub-committees, the areas for which they are to be 
appointed, and whether they will delegate their powers and 
duties absolutely to the sub-committees or only in part. 

The decision of the committee upon these points must be 
forthwith notified to the Local Government Board. 



Selection of Areas and Delegation of Powers to 
Sub-Committees by the Pension Committee. 

9. The question of the number of sub-committees and 
the area to be assigned to each is a most important one, and 
it will probably be found advisable to select well-known and 
well-defined areas which are wholly within the county, 
rather than to form entirely new combinations. In sparsely 
populated districts the rural district might in many cases be 
suitable, while in populous areas and the congested districts 
of the west, dispensary districts or the petty sessions dis- 
tricts might probably be convenient units. In cities a 
combination of municipal wards might answer in some cases, 
but on these points each committee must be guided by 
considerations of the extent and population of its own area. 

10. The question as to whether the duties of the pension 
committee should be delegated wholly or in part to the sub- 
committees, is one which the committee should not decide 
until they have studied the procedure laid down in the 
Regulations regarding the determination of claims for 



125 

pension. The Local Government Board's opinion, based 
upon a full consideration of these Regulations is, that, if 
such committees are appointed at all, it is better that the 
entire work of determining claims should be left to the sub- 
committees, and provided the local pension committee take 
care that they are adequately represented on each sub- 
committee their influence over the general administration 
of the Act would, no doubt, be fully maintained. 

If the local pension committee were themselves to under- 
take the consideration of the pension officers' reports in the 
case of large counties, claimants for pension who may be 
called to appear before the pension committee, would be 
put to great hardship if they had to travel long distances to 
the committee, and even if the investigations and personal 
interviews were delegated to the subcommittees, and the 
pension committee retained in their own hands the final 
decision in each case, the correspondence and possible 
friction between the central committee and the sub-com- 
mittees, and the labour and travelling imposed upon the 
pension officers would complicate and delay procedure and 
militate against the smooth and successful working of the 
Act. 



Appointment of Clerks to Committee. 

If. If the duties of the pension committee are delegated 
absolutely to the sub-committees, a clerk for the pension 
committee may not be required permanently, but each sub- 
committee must appoint a permanent clerk who shall hold 
office during their pleasure, and whose remuneration must 
be within the scale fixed by the Treasury by whom all the 
expenses of the committee up to an amount approved by 
them will be reimbursed. Upon his appointment the clerk 



126 

must immediately notify his name and address to the Local 
Government Board. 

12. The duties of the clerk will not^ in the Board's 
opinion, be sufficient in the majority of cases to occupy his 
entire time after the first series of applications has been 
dealt with, but care should be taken to appoint some well 
qualified and experienced person to the post, who would be 
competent to conduct the correspondence of the committee, 
to keep their accounts, and to give them intelligent assis- 
tance in carrying out the regulations and the Act of 
Parliament. 

Financial Arrangements, 

13. The funds of the committee for the payment of 
immediate expenses must be advanced in the first instance 
by the councils, but they will subsequently be repaid by the 
Treasury. Instructions relating to receipts and disburse- 
ments by the committee will no doubt be issued by the 
Treasury to the committees in due course. 

Forms of Application for Pensions. 

14. The forms of application for pensions will be 
available at the post offices in October, and these forms 
when filled up by the applicants will be sent by the post 
office officials to the pension officers whose reports and 
recommendations thereon will be transmitted to the com- 
mittee in due course. 

Pension Officers. 

15. -the pension officer, who will be under the control of 
the Commissioners of Inland Revenue, will shortly be 
appointed, and the Board understand they will be officers 
of Excise. 



127 

Duties of Committees. 

1 6. The duties of the pension committee, or sub- 
committee, in adjudicating upon the report and recom- 
mendations of the pension officer with respect to each 
claim for an old-age pension are very fully set out in 
clauses 8 to 19 of the Regulations. It is hoped that the 
Regulations will be issued before the first meeting of the 
pension committee is held. 

It is essential to the proper administration of the Act that 
every member of the committee and sub-committee should 
carefully study this part of the Regulations, and for this 
reason the Local Government Board consider it inexpedient 
to attempt to put before them any abbreviated summary of 
the committee's obligations and responsibilities under these 
clauses. The Board have no doubt that the pension com- 
mittees recognizing the important duties which have been 
entrusted to them by Parliament will spare no effort to 
ensure that the beneficent intentions of the Act are carried 
out in Ireland in a judicious and careful manner. 

Local Government Board (Ireland), 
Dublin, 

7th August, 1908. 



128 



CIRCULAR. 

I/Ocal Government Board, 
Dublin, 

22nd August, 1908. 
Sir, 

Adverting to their previous Circular Letters on the subject 
of the Old- Age Pensions Act, 1908, I am directed by the 
Local Government Board for Ireland to forward,, herewith, 
copies of the Regulations which have been made under 
section 10 of the Act. The financial arrangements of 
committees, the remuneration of the clerks, and other 
similar matters, have been made the subject of a special 
instructional Circular by the Treasury, copies of which are 
also enclosed. Further copies will be forwarded as soon as 
an additional supply is received. 

The Board have observed that in many districts local 
authorities acting upon the Instructional Memorandum 
which was issued in anticipation of the publication of the 
• Regulations, have already appointed pension committees, 
and it is hoped that the members of committees will qualify 
themselves by a careful perusal of the Regulations for the 
proper fulfilment of the important duties devolving upon 
them. Copies of an alphabetical index to the Act, Regu- 
lations, and Financial Instructions are sent herewith, but if 
there is any point on which any committee desire to be 
advised, the Local Government will be very glad to 
afford them any assistance in their power. 

The Local Government Board will supply for use by each 
committee, a stock of the forms prescribed by the First 



129 

Schedule to the Regulations, and any further supply which 
may be required may be obtained from His Majesty's 
Stationery Office, Custom House, Dublin. Copies of forms 
14 and 15, which will be required immediately, are sent 
herewith. 

The Board are in communication with the Commissioners 
of Inland Revenue as to the pension officers to be appointed 
for the various districts. 

I am, Sir, 

Your obedient Servant, 

(Signed) H. COURTENAY, 

Assistant Secretary. 

To the Secretary 

of each County Council, 
and 
The Clerk of each Borough and 
Urban District, having a 
Population ot 10,000 and over. 



30 



LOCAL GOVERNMENT BOARD FOR IRELAND. 



OLD-AGE PENSIONS ACT, 1908. 



TREASURY REGULATIONS AND 
FINANCIAL INSTRUCTIONS. 

Local Government Board, Dublin, 
8th September, 1908. 

Sir, 

I am directed by the Local Government Board for 
Ireland to direct your special attention to the provisions 
contained in the above-named Act, Regulations, and 
Instructions with respect to the expenses of pension com- 
mittees, sub-committees, and officers. 

The provisions contained in the Act under this head are 
set forth generally in section 10, subsections (i) (c) 
and (4), but are dealt with more specifically in the Regu- 
lations and Instructions. 

The clauses of the Regulations dealing with this sub- 
ject which require your special attention are Nos. 22, 23, 
25, and 28 (2). 

The Financial Instructions as a whole deal with the 
subject of expenses and must be carefully studied. 

It will be necessary in view of the quarterly recoup- 
ment of expenses of pension committees by the Treasury, 
that each local authority shall keep the details of expen- 



13^ 

diture and recoupments in connection with the work of 
the committees apart from the ordinary expenditure and 
receipts. 

For this purpose special columns should be used in the 
financial statement books of receipts and expenditure 
(Forms i and 2, Public Bodies Order, 1904). 

The total amount expended in each quarter should be 
posted from Form 2 to a special " Old- Age Pensions " 
account in the ledger ; and any amounts recouped by the 
Treasury within the financial period should be carried 
from Form i to that account. 

The balance of the account, being the amount not 
recouped within the financial period, should be carried, 
in suspense, to the balance-sheet as a special item of the 
treasurer's balance, pending recoupment or audit. 

1 am, Sir, 
Your obedient Servant, 

H. COURTENAY, 

Assistant Secretary. 

To 

The Secretary of each County Council, 

and 
The Clerk of each Borough or Urban District 
having a population of 10,000 or over. 



132 



[IRELAND.] 

Local Government Board, Dublin, 
8th October, 1908. 

Sir, 

I am directed by the Local Government Board for 
Ireland to state, for your information, that it has been 
represented to the Board that certain pensicHi officers who 
are now investigating the claims of persons for old-age 
pensions under the Old- Age Pensions Act, 1908, are 
unable to finally decide these claims, as they have in 
some cases been unable to obtain particulars of persons 
in receipt of poor relief from some clerks of unicxis. 

In this connection the Board desire to draw attention 
to Article 35 of the Old- Age Pension Regulations, 1908 
(copy herewith), which provides that '* for the purpose 
of enabling the pension officer to ascertain whether any 
person is disqualified by reason of the receipt of poor 
relief for receiving or continuing to receive a pension, 
every officer or person acting in the administration of the 
relief of the poor shall, if so requested to do by the 
pension officer, supply to the pension officer such infor- 
mation as it is in his power to give as respects any person 
who is or has been in receipt of poor relief." 

I am accordingly to point out that the clerk of a union 
will incur serious responsibility if he fails to furnish par- 



133 

ticulars as required by this Regulation, and thereby delays 
the granting of pensions to old people who may be entitled 
to them. 

The Board feel sure that, their attention having been 
called to this matter, the clerks of unions throughout 
Ireland will do all in their power to facilitate the pension 
officers in the investigation of claims for pensions. 

I am. Sir, 

Your obedient Servant, 

A. R. BARLAS, 

Secretary. 

The Clerk of the Union. 



L 2 



M4 



APPENDIX B. 

FINANCIAL INSTRUCTIONS 

FOR PENSION COMMITTEES AND 

SUB-COMMITTEES. 

I . The remuneration of the clerks to pension committees 
and sub-committees will be by fees at such rates (inclusive 
of out-of-pocket expenses) as may be fixed by the pension 
committee of each local authority within the following 
scale : — 

(i) For general incidental expenses, including office 
accommodation {see paragraph 5) : — 

{a) Committees of counties (excluding the 

County of London) : — s. d. 

For every 1,000 or part of 1,000 
of total population of the area 
served by the committee Per 
quarter 26 

(b) Committees of the County of London, 
county boroughs, boroughs, and urban 
districts : — 

For every 1,000 or part of 1,000 
of total population of the area 
served by the committee Per 
quarter 10 

(2) For claims and questions (inclusive of postage 
and incidental expenses in connection with 
such claims and questions) : — 



135 

s. d. 

{a) For each claim or question dealt with in 
each quarter by a committee or sub- 
committee, not exceeding 20 in all - 5 o 

(i^) For each claim or question in excess of 

20 - - - - -- -26 

For the purposes of this paragraph "claim" means a 
claim to a pension considered upon report after investiga- 
tion by the pension officer (Regulation 9 (i)). No fee will 
be payable in respect of claims not investigated by that 
officer which may be the subject of a special report under 
the proviso to that Regulation. "Question" means a 
question with regard to an existing pension raised and 
determined upon the report of the pension officer under 
Regulation 17. 

2. The fees for general incidental expenses (including 
office accommodation) to be paid to the clerk to the 
pension committee and to each of the clerks of such sub- 
committees as they may appoint, will be fixed by the 
committee at such amount in each case as they may think 
proper, provided that the total does not exceed the 
maximum for the area served by the committee calculated 
on the basis of the total population of that area in accor- 
dance with the scale laid down in paragraph 1 (i). No 
fee will be payable in respect of any period prior to 1st 
October, 1908. 

The committee will transmit to the Treasury through the 
clerk of the appointing council complete schedules of the 
fees approved from time to time for each clerk, and the 
accounts will be dealt with in accordance with the schedule 
last submitted. • Whenever any alteration or revision takes 
place, a new and complete schedule will be required. 

3. The fees in respect of claims and questions will be 
calculated upon the work of each committee or sub- 



136 

committee separately, provided that not more than one fee 
will be payable in respect of each claim or question. In 
case of any claims or questions being dealt with in the first 
instance by a sub-committee and afterwards referred to the 
committee, or vice versA, one-half of the total number of 
such claims will, for the purpose of applying the scale laid 
down in paragraph i (2), be counted as having been dealt 
with by the sub-committee, and one-half as having been 
dealt with by the committee. 

4. The use of the offices of a local authority is to be 
obtained for meetings of sub-committees and committees 
free of charge (except a charge not exceeding 2s. 6d. per 
meeting for heating, lighting, or cleaning), whenever such 
offices are available (Regulation 22). 

Where such offices are not available a charge for hire of 
a room not exceeding los. 6d. in respect of each meeting 
will be passed in the accounts, subject to the production of 
a proper voucher and upon a certificate by the clerk of the 
county, borough or urban district council by whom the 
committee is appointed, that he has satisfied himself that 
no offices of a local authority were available. 

5. The greater part of the correspondence of clerks will 
be by means of forms, which will be supplied free of charge 
by the Stationery Office upon requisition. These will be 
entitled to free transmission through the post. The 
inclusive fees laid down in paragraph i are intended to 
cover the cost of stationery and postage for any other 
correspondence (including notices of meetings of the 
committees), the cost of conveying registers and other 
documents to and from the meeting, and incidental 
expenses generally. 

6. Travelling or other expenses incurred by members of 



137 

committees or sub-committees or their clerks in connection 
with meetings of such committees or sub-committees or 
otherwise will not be admitted as a charge against public 
funds. 

7. There being no power under the Act to repay expenses 
incurred by claimants to pensions, such payments can in 
no circumstances be admitted for reimbursement. 

8. Clerks to pension committees and sub-committees will 
render their accounts for fees and expenses to the clerk of 
the appointing council at such time and in such manner as 
he may direct, to be dealt with by him as provided by 
Regulation 25. The clerk of the appointing council will 
within one month after the end of each quarter submit a 
claim for reimbursement to the Treasury showing in one 
account the details of all expenditure defrayed by the 
appointing council during the quarter in respect of the 
pension committee and all sub-committees in its area, with 
the relative vouchers, and the amount expended will be re- 
imbursed to him by the Treasury subject to the claim, upon 
examination, being found to be in order. 

9. In the case of small authorities, when the amounts 
necessary to meet the expenses in the first instance cannot 
conveniently be advanced out of local funds {see Regulation 
25 (2)), the Treasury will be prepared to consider the 
question of making advances at the beginning of each 
quarter by way of imprest under Regulation 25 (3) upon 
receiving an application from the council explaining the 
circumstances which make such advances necessary. 

Accounts of all expenditure out of such advances must be 
rendered quarterly to the Treasury in the same manner and 
subject to the same rules as to vouchers, &c., as claims for 
reimbursement under paragraph 8. Credit will be allowed 



138 

thereon for such expenditure as, upon examination, is found 
to be in order. 

10. If any question arises necessitating a reference to the. 
Treasury, or if Treasury sanction is required for any special 
or exceptional expenditure by a committee or sub-committee 
the clerk to the committee or sub-committee will refer the 
matter to the clerk of the appointing council, who will 
submit it to the Treasury with his recommendation thereon. 

The Treasury cannot in any circumstances undertake to 
correspond with committees or sub-committees except 
through the clerk of the appointing council 

Treasury Chambers, 

Whitehall, S.W. 
2oth August, 1908. 



Note. 

The Treasury are not prepared to authorise the supply of letter 
files, boxes, or other office fittings or furniture, payment for use 
of which is covered by the allowance for general incidental expenses 
(including office accommodation). 



J 39 



APPENDIX C. 

List o-f Local Authorities by whom Pension 
Oommittees will be appointed. 



(1) ENGLAND AND WALES. 



COUNTIES. 



Bedfordshire 

Berkshire 

Buckinghamshire 

Cambridgeshire 

Cheshire 

Cornwall 

Cumberland 

Derbyshire 

Devonshire 

Dorsetshire 

Durham 

Essex 

Gloucestershire 

Herefordshire 

Hertfordshire 

Hunts 

Isle of Wight 

Isle of Ely 

Kent 

Lancashire 

Leicestershire 

Lincolnshire (Holland) 

Lincolnshire (Kesteven) 

Lincolnshire (Lindsey) 

London 

Middlesex 



Monmouthshire 

Norfolk 

Northamptonshire 

Northum berland 

Nottinghamshire 

Oxfordshire 

Peterborough (Soke of) 

Rutlandshire 

Salop 

Scilly, Isles of 

Somersetshire 

Southampton 

Staffordshire 

Suffolk (East) 

Suffolk (West) 

Surrey 

Sussex (East) 

Sussex (West) 

Warwickshire 

Westmorland 

Wiltshire 

Worcestershire 

Yorkshire (East Riding) 

Yorkshire (North Riding) 

Yorkshire (West Riding) 



I40 





WALES. 


Anglesey 


Flintshire 


Breconshire 


Glamorganshire 


Cardiganshire 


Merionethshire 


Carmarthenshire 


Montgomeryshire 


Carnarvonshire 


Pembrokeshire 


Denbighshire 


Radnorshire 




BOROUGHS. 


Accrington 


Chester 


Ashton-under-Lyne 


Chesterfield 


Aston Manor 


Chorley 


Bacup 


Colchester 


Barnsley 


Colne 


Barrow-in-Furness 


Coventry 


Bath 


Crewe 


Batley 


Croydon 


Bedford 


Darlington 


Birkenhead 


Darwen 


Birmingham 


Derby 


Blackburn 


Devonport 


Blackpool 


Dewsbiiry 


Bolton 


Doncaster 


Bootle 


Dover 


Bournemouth 


Dudley 


Bradford 


Ealing 


Brighouse 


Eastbourne 


Brighton 


East Ham 


Bristol 


Eccles 


Bromley 


Edmonton 


Burnley 


Exeter 


Burslem 


Folkestone 


Burton-upon-Trent 


Gateshead 


Bury 


Gillingham 


Cambridge 


Glossop 


Canterbury 


Gloucester 


Cardiff 


Gravesend 


Carlisle 


Great Yarmouth 


Chatham 


Grimsby 


Cheltenham 


Guildford 



141 



Halifax 

Hanley 

Harrogate 

Hartlepool 

Hastings 

Hereford 

Haywood 

Hornsey 

Hove 

Huddersfield 

Hyde 

Ilkeston 

Ipswich 

Jarrow 

Keighley 

Kidderminster 

King's Lynn 

Kingston-on-Hull 

Ki ngston-on -Tham es 

Lancaster 

[Leamington] {See Royal) 

Leeds 

Leicester 

Leigh 

Lincoln 

Liverpool 

Longton 

Loughborough 

Lowestoft 

Luton 

Macclesfield 

Maidstone 

Manchester 

Mansfield 

Margate 

Merthyr Tyafil 

Middlesbrough 

Middleton 

Morley 

Nelson 

Newcastle-upon-Tyne 



Newport (Mon) 

Northampton 

Norwich 

Nottingham 

Nuneaton 

Oldham 

Oxford 

Peterborough 

Plymouth 

Poole 

Portsmouth 

Preston 

Ramsgate 

Rawtenstall 

Reading 

Reigate 

Richmond (Surrey) 

Rochdale 

Rochester 

Rotherham 

Royal Leamington Spa 

St. Helens 

Salford 

Salisbury (New Sarum) 

Scarborough 

Sheffield 

Shrewsbury 

Smethwick 

Southampton 

Southend-on-Sea 

Southport 

South Shields 

Stafford 

Stalybridge 

Stockport 

Stockton-on-Tees 

Stoke-upon-Trent 

Sunderland 

Swansea 

Swindon 

Taunton 



142 



Todmorden 

Torquay 

Tunbridge Wells 

Tyneraouth 

Wakefield 

Wallsend 

Walsall 

Warrington 

Wednesbury 

West Bromwich 

West Ham 



West Hartlepool 

Widnes 

Wigan 

Wimbledon 

Winchester 

Wolverhampton 

Worcester 

Workington 

Worthing 

York 



URBAN DISTRICTS. 



Aberdare 

Abertillery 

Acton 

Aldershot 

Barking Town 

Barry 

Beckenham 

Bilston 

Blyth 

Cannock 

Chadderton 

Chiswick 

Coseley 

Ehbw Vale 

Enfield 

Erith 

Farnworth 

Felling 

Fenton 

Finchley 

Gorton 

Gosport and Alverstoke 

Handsworth 

Hebburn 

Hendon 

Heston and Isleworth 

Hindley 



Ilford 

Ince-in-Makerfield 

Kettering 

King's Norton and Northfield 

Leyton 

Llanelly 

Mountain Ash 

Oldbury 

Penge 

Pontypridd 

Radcliff'e 

Rhoiidda 

Rowley Regis 

Shipley 

Stretford 

Swinton and Pendlebury 

Tipton 

Tottenham 

Tunstall 

Twickenham 

Wallasey 

Walthamstow 

Waterloo- with-Seaforth 

Watford 

Willesden 

Wolstanton United 

AVood Green 



•143 



(2) SCOTLAND. 





OOUISITIBS. 


Aberdeen 


Kinross 


Argyll 


Kirkcudbright 


Ayr 


I^nark 


Banff 


Linlithgow 


Berwick 


Nairn 


Bute 


Orkney 


Caithness 


Peebles 


Clackmannan 


Perth 


Dumbarton 


Renfrew 


Dumfries 


Ross and Cromarty 


Edinburgh 


Roxburgh 


Elgin 


Selkirk 


Fife 


Stirling 


Forfar 


Sutherland 


Haddington 


Wigtown 


Inverness 


Zetland 


Kincardine 






BURGHS. 


Aberchirder 


Arbroath 


Aberdeen 


Ardrossan 


Aberfeldy 


Armadale 


Aberlour 


Auchterarder 


Abernethy 


Auchtermuchty 


Airdrie 


Ayr 


Alloa 


Ballater 


Alva 


Banchory 


Alyth 


Banff 


Annan 


Barrhead 


Anstruther-Easter 


Bathgate 


Anstnither-Wester 


Biggar 



144 



Blairgowrie 


Dunblane 


Bo'ness 


Dundee 


Bonnyrigg 


Dunfermline 


Brechin 


Dunoon 


Bridge of Allan 


Duns 


Broughty Ferry 


Dysart 


Buckhaven, Methil, &c. 


Earlsferry 


BQckie 


East Linton 


Burghead 


Edinburgh 


Burntisland 


Elgin 


Callander 


Elie 


Campbeltown 


Ellon 


Carnoustie 


Eyemouth 


Castle-Douglas 


Falkirk 


Clydebank 


Falkland 


Coatbridge 


Forfar 


Cockenzie 


Forres 


Coldstream 


Fortrose 


Coupar-Angus 


Fort-William 


Cove and Kilcreggan 


Fraserburgh 


Cowdenbeath 


Galashiels 


Crail 


Galston 


Crieff 


Gatehouse 


Cromarty 


Girvan 


Cullen 


Glasgow 


Culross 


Gourock 


Cumnock and Holmhead 


Govan 


Cupar 


Grangemouth 


Dalbeattie 


Grantown 


Dalkeith 


Greenock 


Darvel 


Haddington 


Denny and Dunipace 


Hamilton 


Dingwall 


Hawick 


Dollar 


Helensburgh 


Dornoch 


Huntly 


Doune 


Innerleithen 


Dufftown 


Inveraray 


Dumbarton 


Inverbervie 


Dumfries 


Invergordon 


Dunbar 


Inverkeithing 



U5 



Inverness 


Markinch 


Inverurie 


Maxwelltown 


Irvine 


Maybole 


Jedburgh 


Melrose 


Johnstone 


Millport 


Keith 


Milngavie 


Kelso 


Moffat 


Kilmarnock 


Monifieth 


Kilrenny 


Montrose 


Kilsyth 


Motherwell 


Kilwinning 


Musselburgh 


Kinghorn 


Nairn 


Kingussie 


Newburgh 


Kinning Park 


New Galloway 


Kinross 


Newmilns and Greenholm 


Kintore 


Newport 


Kirkcaldy 
Kirkcudbright 


Newton-Stewart 


North Berwick 


Kirkintilloch 


Oban 


Kirkwall 


Old Meldrum 


Kirriemuir 


Paisley 


Ladybank 


Partick 


Lanark 


Peebles 


Langholm 


Penicuik 


Largs 


Perth 


Lasswade 


Peterhead 


Lauder 


Pittenweem 


Laurencekirk 


PoUokshaws 


Leith 


Port-Glasgow 


Lerwick 


Portsoy 


Leslie 


Prestonpans 


Leven 


Prestwick 


Linlithgow 


Queensferry 


Loanhead 


Rattray 


Lochgelly 


Renfrew 


Lochgilphead 


Rosehearty 


Lochmaben 


Rothes 


Lockerbie 


Rothesay 


Lossiemouth 


Rutherglen 


Macduff 


St. Andrews 



T46 



Saltcoats 


Thurso 


Sanquhar 

Selkirk 

Stewarton 


Tillicoultry 
Tobermory 
Tranent 


Stirling 
Stonehaven 


Troon 
Turriff 


Stornoway 
Stranraer 


Whitburn 
Whithorn 


Stromness 


Wick 


Tain 
Tayport 


Wigtown 
Wishaw 



Ballymena 

Clonmel 

Drogheda 

Dundalk 

Galway 

Kilkenny 

Kingstown 

Lisburn 



147 

(8) IRELAND. 





COUNTIES. 


Antrim 


Londonderry 


Armagh 


Longford 


Carlow 


Louth 


Cavan 


Mayo 


Clare 


Meath 


Cork 


Monaghan 


Donegal 


Queen's Co. 


Down 


Roscommon 


Dublin 


Sligo 


Fermanagh 


Tipperary, North Riding 


Galway 


Do. South Riding 


Kerry 


Tyrone 


Kildare 


Waterford 


Kilkenny 


Westmeath 


King's Co. 


Wexford 


Leitrim 


Wicklow 


Limerick 






COUNTY BOROUGHS. 


Belfast 


Limerick 


Cork 


Londonderry 


Dublin 


Waterford 



URBAN DISTRICTS, 



Lurgan 

Newry 

Pembroke 

Portadown 

Rathmines and Rathgar 

Sligo 

Wexford 



148 



APPENDIX D. 

THE NATURALIZATION ACT, 1870. 

(33 Vict., c. 14.) 

An Act to amend the Law relating to the legal 
condition of Aliens and British subjects. 

Short Title, 

1. This Act may be cited for all purposes as "The 
Naturalization Act, 1870." 

Status of Aliens in the United Kingdom 

Capacity of an Alien as to Property. 

2. Real and personal property of every description may 
be taken, acquired, held, and disposed of by an alien in 
the same manner in all respects as by a natural-born British 
subject ; and a title to real and personal property of every 
description may be derived through, from, or in succession 
to an alien, in the same manner in all respects as through, 
from, or in succession to a natural-born British subject : 
Provided, — 

(i.) That this section shall not confer any right on an 
alien to hold real property situate out of the 
United Kingdom, and shall not qualify an alien 
for any office or for any municipal, parliamentary, 
or other franchise • 



149 

(2) That this section shall not entitle an alien to any 

right or privilege as a British subject, except such 
rights and privileges in respect of property as are 
hereby expressly given to him : 

(3) That this section shall not affect any estate or 

interest in real or personal property to which 
any person has or may become entitled either 
mediately or immediately, in possession or 
expectancy, in pursuance of any disposition made 
before the passing of this Act, or in pursuance 
of any devolution by law on the death of any 
person dying before the passing of this Act. 

Power of naturalized aliens to divest themselves of their 
status in certain cases, 

3. Where Her Majesty has entered into a convention 
with any foreign state to the effect that the subjects or 
citizens of that state who have been naturalized as British 
subjects may divest themselves of their status as 
such subjects, it shall be lawful for Her Majesty, by order 
in council to declare that such convention has been 
entered into by Her Majesty ; and from and after the date 
of such order in council, any person being originally a 
subject or citizen of the state referred to in such order, who 
has been naturalized as a British subject, may, within such 
limit of time as may be provided in the convention, make a 
declaration of alienage, and from and after the date of his 
so making such declaration such person shall be regarded 
as an alien, and as a subject of the state to which he 
originally belonged as aforesaid. 

A declaration of alienage may be made as follows ; that 
is to say, — If the declarant be in the United Kingdom in 
the presence of any justice of the peace, if elsewhere in Her 
Majesty's dominions in the presence oC ^t\>j \>aA^^ ^^^ "^^^^ 

^\ '2. 



^5o 

court of civil or criminal jurisdiction, of any justice of the 
peace, or of any other officer for the time being authorized 
by law in the place in which the declarant is to administer 
an oath for any judicial or other legal purpose. If out of 
Her Majesty's dominions in the presence of any officer in 
the diplomatic or consular service of Her Majesty. 

How British-born subject may cease to be such, 

4. Any person who by reason of his having been bom 
within the dominions of Her Majesty is a natural-bom 
subject, but who also at the time of his birth became under 
the law of any foreign state a subject of such state, and is 
still such subject, may, if of full age and not under any 
disability, make a declaration of alienage in manner afore- 
said, and from and after the making of such declaration 
of alienage such person shall cease to be a British subject. 
Any person who is born out of Her Majesty's dominions 
of a father being a British subject may, if of full age, and 
not under any disability, make a declaration of alienage in 
manner aforesaid, and from and after the making of such 
declaration shall cease to be a British subject. 

Alien not entitled to jury de medietate linguce, 

5. From and after the passing of this Act, an alien shall 
not be entitled to be tried by a jury de medietate linguae, 
but shall be triable in the same manner as if he were a 
natural-born subject. 

Expatriation. 

Capacity of British subject to renounce allegianu to 
Her Majesty, 

6. Any British subject who has at any time before, or 
may at any time after the passing of this Act, when in any 
foreign stale and not under any disability voluntarily become 



151 

naturalized in such state, shall, from and after the time of 
his so having become naturalized in such foreign state, be 
deemed to have ceased to be a British subject and be 
regarded as an alien : Provided, — 

(i.) That where any British subject has before the 
passing of this Act voluntarily become naturalized 
in a foreign slate and yet is desirous of remaining 
a British subject, he may, at any time within 
two years after the passing of this Act, make a 
declaration that he is desirous of remaining a 
British subject, and upon such declaration 
hereinafter referred to as a declaration of British 
nationality being made, and upon his taking 
the oath of allegiance, the declarant shall 
be deemed to be and to have been continually a 
British subject; with this qualification, that he 
shall not, when within the limits of the foreign 
state in which he has been naturalized, be deemed 
to be a British subject unless he has ceased to be 
a subject of that state in pursuance of the laws 
thereof, or in pursuance of a treaty to that effect : 

(2.) A declaration of British nationality may be made, 
and the oath of allegiance be taken as follows ; 
that is to say, — if the declarant be in the United 
Kingdom in the presence of a justice of the peace ; 
if elsewhere in Her Majesty's dominions in the 
presence of any judge of any court of civil or 
criminal jurisdiction, of any justice of the 
peace, or of any other officer for the time being 
authorized by law in the place in which the de- 
clarant is to administer an oath for any judicial or 
other legal purpose. If out of Her Majesty's 
dominions in the presence of any officer in the 
diplomatic or consular service of Her Majesty. 



152 



Naturalization and Resumption of British 
Nationality. 

Certificate of Naturalization, 

7. An alien who within such limited time before making 
the application herein-after mentioned as may be allowed 
by one of Her Majesty's Principal Secretaries of State, 
either by general order or on any special occasion, 
has resided in the United Kingdom for a term of not less 
than ^\Q years, or has been in the service of the Crown for 
a term of not less than five years, and intends, when 
naturalized, either to reside in the United Kingdom, 
or to serve under the Crown, may apply to one of Her 
Majesty's Principal Secretaries of State for a certificate of 
naturalization. 

The applicant shall adduce in support of his application 
such evidence of his residence or service, and intention to 
reside or serve, as such Secretary of State may require. 
The said Secretary of State, if satisfied with the evidence 
adduced, shall take the case of the applicant into considera- 
tion, and may, with or without assigning any reason, give or 
withhold a certificate as he thinks most conducive to the 
public good, and no appeal shall lie from his decision, but 
such certificate shall not take effect until the applicant has 
taken the oath of allegiance. 

An alien to whom a certificate of naturalization is granted 
shall in the United Kingdom be entitled to all political and 
other rights, powers, and privileges, and be subject to all 
obligations, to which a natural-born British subject is 
entitled or subject in the United Kingdom, with this quali- 
fication, that he shall not, when within the limits of the 
foreign state of which he was a subject previously to 
obtaining his certificate of naturalization, be deemed to be 



153 

a British subject unless he has ceased to be a subject of 
that state in pursuance of the laws thereof, or in pursuance 
of a treaty to that effect. 

The said Secretary of State may in manner aforesaid 
grant a special certificate of naturalization to any person 
with respect to whose nationality as a British subject a 
doubt exists, and he may specify in such certificate that the 
grant thereof is made for the purpose of quieting doubts as 
to the right of such person to be a British subject, and the 
grant of such special certificate shall not be deemed to be 
any admission that the person to whom it was granted was 
not previously a British subject. 

An alien who has been naturalized previously to the 
passing of this Act may apply to the Secretary ot State for 
a certificate of naturalization under this Act, and it shall be 
lawful for the said Secretary of State to grant such certificate 
to such naturalized alien upon the same terms and sub- 
ject to the same conditions in and upon which such certifi- 
cate might have been granted if such alien had not been 
previously naturalized in the United Kingdom. 

Certificate of re-admission to British nationality, 

8. A natural-born British subject who has become an 
alien in pursuance of this Act, and is in this Act referred to 
as a statutory alien, may, on performing the same conditions 
and adducing the same evidence as is required in the case 
of an alien applying for a certificate of nationality, apply to 
one of Her Majesty's Principal Secretaries of State for a 
certificate, herein-after referred to as a certificate of re- 
admission to British nationality, re-admitting him to the 
status of a British subject. The said Secretary of State 
shall have the same discretion as to the giving or with- 
holding of the certificate as in the case of a certificate of 
naturalization, and an oath of allegiance shall in like 



154 

manner be required previously to the issuing of the 
certificate. 

A statutory alien to whom a certificate of re-admission to 
British nationality has been granted shall, from the date of 
the certificate of re-admission, but not in respect of any 
previous transaction, resume his position as a British 
subject ; with this qualification, that within the limits of 
the foreign state of which he became a subject he shall not 
be deemed to be a British subject unless he has ceased 
to be a subject of that foreign state according to the laws 
thereof, or in pursuance of a treaty to that effect. 

The jurisdiction by this Act conferred on the Secretary 
of State in the United Kingdom in respect of the grant of a 
certificate of re-admission to British nationality in the case 
of any statutory alien being in any British possession, may 
be exercised by the governor of such possession ; and 
residence in such possession shall, in the case of such 
person, be deemed equivalent to residence in the United 
Kingdom. 

Form of oath of allegiance, 

9. The oath in this Act referred to as the oath of 
allegiance shall be in the form following ; that is to say, 

"I do swear that I will be faithful 

" and bear true allegiance to Her Majesty Queen Victoria, 
" Her heirs and successors, according to law. So help me 
" GOD." 

National Status of Married Women and Infant 
Children. 

National status of married women and infant children » 

10. The following enactment shall be made with respect 
to the national status of women and children : 



155 

< I.) A married woman shall be deemed to be a subject 
of the state of which her husband is for the time 
being a subject : 

(2.) A widow being a natural-bom British subject, who 
has become an alien by or in consequence of her 
marriage, shall be deemed to be a statutory alien, 
and may as such at any time during widowhood 
obtain a certificate of re-admission to British 
nationality in manner provided by this Act : 

(3.) Where the father being a British subject, or the 
mother being a British subject and a widow, becomes 
an alien in pursuance of this Act, every child of such 
father or mother who during infancy has become 
resident in the country where the father or mother is 
naturalized, and has, according to the laws of 
such country, become naturalized therein, shall be 
deemed to be a subject, of the state of which the 
father or mother has become a subject and not a 
British subject : 

(4.) Where the father, or the mother being a widow, 
has obtained a certificate of re-admission to 
British nationality, every child of such father or 
mother who during infancy has become resident 
in the British dominions with such father or 
mother, shall be deemed to have resumed the 
position of a British subject to all intents : 

(5.) Where the father, or the mother being a widow, 
has obtained a certificate of naturalization in the 
United Kingdom, every child of such father or 
mother who during inifancy has become resident 
with such father or mother in any part of the 
United Kingdom, shall be deemed to be a 
naturalized British subject. 



156 



SUPPLKMKNTAL PROVISIONS. 

Regulations as to registration. 

II. One of Her Majesty's Principal Secretaries of State 
may by regulation provide for the following matters : — 

(i.) The form and registration of declarations of 
British nationality : 

(2.) The form and registration of certificates of 
naturalization in the United Kingdom : 

(3.) The form and registration of certificates of re- 
admission to British nationality : 

(4.) The form and registration of declarations of 
alienage : 

(5.) The registration by officers in the diplomatic or 
consular service of Her Majesty of the births and 
deaths of British subjects who may be born or die 
out of Her Majesty's dominions, and of the mar- 
riages of persons married at any of Her Majesty's 
embassies or legations : 

(6.) The transmission to the United Kingdom for the 
purpose of registration or safe keeping, or of being 
produced as evidence, of any declarations or 
certificates made in pursuance of this Act out of 
the United Kingdom, or of any copies of such 
declarations or certificates, also of copies of entries 
contained in any register kept out of the United 
Kingdom in pursuance of or for the purpose of 
carrying into effect the provisions of this Act : 

(7.) With the consent of the Treasury the imposition 
and application of fees in respect of any registra- 
tion authorized to be made by this Act, and in 
respect of the making any declaration or the grant 
of any certificate authorized to be made or granted 
by this Act. 



157 

The said Secretary of State, by a further regulation, may 
repeal, alter, or add to any regulation previously made by 
him in pursuance of this section. 

Any regulation made by the said Secretary of State in 
pursuance of this section shall be deemed to be within the 
powers conferred by this Act, and shall be of the same 
force as if it had been enacted in this Act, but shall 
not so far as respects the imposition of fees be in 
force in any British possession, and shall not, so far as 
respects any other matter, be in force in any British 
possession in which any Act or ordinance to the contrary 
of or inconsistent with any such direction may for the time 
being be in force. 

Regulations as to evidence, 

12. The following regulations shall be made with respect 
to evidence under this Act : — 

( I .) Any declaration authorized to be made under this 
Act may be proved in any legal proceeding by the 
production of the original declaration, or of any 
copy thereof certified to be a true copy by one of 
Her Majesty's Principal Secretaries of State, or 
by any person authorized by regulations of one of 
Her Majesty's Principal Secretaries of State to 
give certified copies of such declaration, and the 
production of such declaration or copy shall be 
evidence of the person therein named as declarant 
having made the same at the date in the said 
declaration mentioned : 

(2.) A certificate of naturalization may be proved in 
any legal proceeding by the production of the 
original certificate, or of any copy thereof certified 
to be a true copy by one of Her Majesty's 
Principal Secretaries of State, or by any person 



158 

authorized by r^ulations of one of Her Majesty's 
Principal Secretaries of State to give certified 
copies of such certificate : 

(3.) A certificate of re-admission to British nationality 
may be proved in any legal proceeding by the 
production of the original certificate, or of any 
copy thereof certified to be a true copy by one of 
Her Majest3r's Principal Secretaries of State, or by 
any person authorized by r^ulations of one of 
Her Majesty's Principal Secretaries of State to 
give certified copies of such certificate : 

(4.) Entries in any register authorized to be made in 
pursuance of this Act shall be proved by such 
copies and certified in such manner as may be 
directed by one of Her Majesty's Principal 
Secretaries of State, and the copies of such 
entries shall be evidence of any matters by this 
Act or by any regulation of the said Secretary 
of State authorized to be inserted in the register : 

(5.) The Documentary Evidence Act, 1868, shall apply 
to any regulation made by a Secretary of State, 
in pursuance of or for the purpose of carrying 
into effect any of the provisions of this Act. 

Miscellaneous. 

Saving of letters of denization, 

13. Nothing in this Act contained shall affect the grant 
of letters of denization by Her Majesty. 

Samng as to British ships, 

14. Nothing in this Act contained shall qualify an alien 
to be the owner of a British ship. 



IS9 

Saving of allegiance prior to expatriation, 

15. Where any British subject has in pursuance of this 
Act become an alien, he shall not thereby be discharged 
from any liability in respect of any acts done before the 
date of his so becoming an alien. 

Power of colonies to legislate with respect to naturalization. 

16. All laws, statutes, and ordinances which may be duly 
made by the legislature of any British possession for 
imparting to any person the privileges, or any of the 
privileges, of naturahzation, to be enjoyed by such person 
within the limits of such possession, shall within such limits 
have the authority of law, but shall be subject to be confirmed 
or disallowed by Her Majesty in the same manner and 
subject to the same rules in and subject to which Her 
Majesty has power to confirm or disallow any other laws, 
statutes, or ordinances in that possession. 

Definition of terms. 

17. In this Act, it not inconsistent with the context or 
subject-matter thereof, — 

" Disability " shall mean the status of being an infant, 
lunatic, idiot, or married woman : 

" British possession " shall mean any colony, plantation, 
island, territory, or settlement within Her Majesty's 
dominions, and not within the United Kingdom, 
and all territories and places under one legislature 
are deemed to be one British possession for the 
purposes of this Act : 

" The Governor of any British possession " shall include 
any person exercising the chief authority in such 
possession : 

" Officer in the Diplomatic Service of Her Majesty " shall 
mean any Ambassador, Minister ot C^"ax^^ ^ ^iSaxs.^'s^^ 



l62 

Naturalization Act, 1870," may be cited together as 
'' The Naturalization Acts, 1870 and 1872.'' 

Confirmation of renunciation of nationality under the 
Convention, 

2. Any renunciation of naturalization or of nationality 
made in manner provided by the said supplementary Con- 
vention by the persons and under the circumstances in the 
said Convention in that behalf mentioned shall be valid 
to all intents, and shall be deemed to be authorized by 
the said Naturalization Act, 1870. This section shall be 
deemed to take effect from the date at which the said 
supplementary Convention took effect. 

Saving clause as to property of married women, 

3. Nothing contained in '' The Naturalization Act, 
1870,'' shall deprive any married woman of any estate or 
interest in real or personal property to which she may have 
become entitled previously to the passing of that Act, or 
affect such estate or interest to her prejudice. 



SCHEDULE. 

Convention between Her Majesty and the United States oj 
America, supplementary to the Convention of May 1 3, 
1870, respecting Naturalization. 

Whereas by the second article of the Convention be 
tween Her Majesty the Queen of the United Kingdom of 
Great Britain and Ireland and the United States of 
America for regulating the citizenship of subjects and 
citizens of the contracting parties who have emigrated or 



i6i 



THE NATURALIZATION ACT, 1872. 

(35 & 36 Vict., c. 39.) 

An Act for amending the Law in certain cases 
in relation to Naturalization. 



Whereas by a Convention between Her Majesty and 
the United States of America, supplementary to the Con- 
vention of the thirteenth day of May one thousand eight 
hundred and seventy, respecting naturalization, and signed 
at Washington on the twenty-third day of February 
one thousand eight hundred and seventy-one, and a copy 
of which is contained in the schedule to this Act, pro- 
vision is made in relation to the renunciation by the 
citizens and subjects therein mentioned of naturalization 
or nationality in the presence of the officers therein men- 
tioned : 

And whereas doubts are entertained whether such pro- 
visions are altogether in accordance with the Naturaliza- 
tion Act, 1870 : And whereas other doubts have arisen 
with respect to the effect of *' The Naturalization Act, 
1870,'' on the rights of women married before the passing 
of that Act ; and it is expedient to remove such doubts : 

Be it enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : 

I. This Act may be cited for all purposes as the 
Naturalization Act, 1872, and this Act and " The 



1 64 

dominions of Her Britannic Majesty as a British 
subject (or as a citizen within the United States of 
America), do hereby renounce my naturalization as a 
British subject {or citizen of the United States) ; and 
declare that it is my desire to resume my nationality 
as a citizen of the United States (or British subject).'* 

Such renunciation by an original citizen of the United 
States, of British nationality, shall, within the- territories 
and jurisdiction of the United States, be made in dupli- 
cate, in the presence of any court authorized by law for 
the time being to admit aliens to naturalization, or before 
the clerk or prothonotary of any such court : if the 
declarant be beyond the territories of the United States, it 
shall be made in duplicate, before any diplomatic or 
consular officer of the United States. One of such dupli- 
cates shall remain of record in the custody of the court 
or officer in whose presence it was made; the other shall 
be, without delay, transmitted to the department of State. 

Such renunciation, if declared by an original British 
subject of his acquired nationality as a citizen of the 
United States, shall, if the declarant be in the United 
Kingdom of Great Britain and Ireland, be made in dupli- 
cate, in the presence of a justice of the peace; if else- 
where in Her Britannic Majesty's dominions, in triplicate, 
in the presence of any judge of civil or criminal jurisdic- 
tion, of any justice of the peace, or of any other officer 
for the time being authorized by law, in the place in which 
the declarant is, to administer an oath for any judicial or 
other legal purpose; if out of Her Majesty's dominions, 
in triplicate, in the presence of any officer in the diplo- 
matic or consular service of Her Majesty. 

Article II. 

The contracting parties hereby engage to communicate 
each to the other, from time to time, lists of the persons 



i6s 

who, within their respective dominions and territories, or 
before their diplomatic and consular officers, have de- 
clared their renunciation of naturalization, with the dates 
and places of making such declarations, and such informa- 
tion as to the abode of the declarants, and the times and 
places of their naturalization, as they may have furnished. 

Article III. 

The present Convention shall be ratified by Her 
Britannic Majesty, and by the President of the United 
States by and with the advice and consent of the Senate 
thereof, and the ratifications shall be exchanged at 
Washington as soon as may be convenient. 

In witness whereof, the respective plenipotentiaries have 
signed the same, and have affixed thereto their respective 
seals. 

Done at Washington, the twenty-third day of February, 
in the year of our Lord one thousand eight hundred and 
seventy-one. 



N 2 



1 66 



THE NATURALIZATION ACT, 1895. 

(58 & 59 Vict., c. 43-) 

An Act to amend the Naturalization Act, 1870, 
so far as respects Children of Naturalized 
British Subjects in the service of the Crown 
resident out of the United Kingdom. 

Be it enacted by the Queen's most Excellent Majest). 
by and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as 
follows : — 

I. — (i) The residence of a child of a naturalized 
British subject with his father while in the service of the 
Crown out of the United Kingdom, shall have, and be 
deemed always to have had, the same effect, for the pur- 
pose of subsection five of section ten of the Naturalization 
Act, 1870, as residence with such father in the United 
Kingdom. 

(2) Subsection five of section ten of the Naturalization 
Act, 1870, shall have effect as if the words " or with such 
father while in the service of the Crown out of the United 
Kingdom '* had been inserted therein after the words 
" part of the United Kingdom,'* and every copy of the 
Naturalization Act, 1870, hereafter printed may be 
printed accordingly. 

2. This Act may be cited as the Naturalization Act, 
1895. 



167 



APPENDIX E. 

ORDER OP LOCAL GOVERNMENT BOARD 

PRESORIBINO FORM OP RECORD TO BE 

KEPT BY CLERKS TO LOCAL PENSION 

COMMITTEES AND SUB-COMMITTEES. 

To all Local Pension Committees appointed under 
the Old- Age Pensions Act, 1908; — 

To all Sub-Committees appointed by the said Local 
Pension Committees ; — 

To the Clerks to the said Committees and Sub- 
Committees ; — 

And to all others whom it may concern. 

WHEREAS by Regulation 23 (3) 'of the Old-Age 
Pensions Regulations, 1908, it is provided that the clerk 
of every local pension committee appointed under the 
Old- Age Pensions Act, 1908 (herein-after called "the 
Act '*), shall keep a record in such form and containing 
such particulars as the Local Government Board direct of 
all claims and questions in respect of which a report is 
sent to the committee by the pension officer and of the 
decision of the committee thereon ; 

And whereas by Regulation 23 (5) of the said Regula- 
tions it is declared that in the said Regulation 23 (3) the 
expression '' committee " includes a sub-committee ap- 
pointed under subsection (2) of section 8 of the Act : 



i68 

NOW THEREFORE, in the exercise of Our powers 
in that behalf, We, the Local Government Board, hereby 
direct as follows ; that is to say, — 

Article 1. — The record to be kept by the clerk of any 
local pension committee or sub -committee appointed under 
the Act shall be in the form and shall contain the par- 
ticulars shown in the Form of Register of Claims and 
Questions set forth in the Schedule to this Order. 

Article II. — This Order may be cited as ** The Local 
Pension Committees' Register Order, 1908." 



SCHEDULE. 



Name of Committee 

or Sub-Committee 



OLD AGE PENSIONS. 



REGISTER 

OF 

CLAIMS AND QUESTIONS. 



1. Consecutive Number. 

2. Full Name of Claimant, or of Pensioner in regard to 

whom a question is raised. 

3. Address of Claimant, or Pensioner. 

4. Date on which claim received when made direct to 

Committee. 



169 

5- Date on which claim referred to Pension Officer. 

6. Date on which claim or question and report received 

from Pension Officer. 

7. District and Station of Pension Officer. 

8. No. in Pension Officer^s Register. 

9. Date or dates on which claim or question considered 

by Committee. 

10. Date (if any) on which Claimant, or Pensioner (or 

person appearing on his behalf) heard by 
Committee. 

11. Decision of Committee and date. (If claim disallowed, 

give reason.) 

Dale of notification of decision to — 

12. (a) Claimant or Pensioner. 

13. {b) Pension Officer. 
Appeal — 

14. Date of receipt of notification of appeal. 

15. Name and Address of Appellant. (If the 

Claimant, or Pensioner, or the Pension Officer 
is the Appellant, insert "Claimant," "Pen- 
sioner," or "Pension Officer," without Address. 

16. Date on which documents relating to claim or 

question sent to Local Government Board. 

17. Date of notification to Claimant, or Pensioner, 

of appeal having been made. 

18. Decision of Local Government Board and date 

of receipt. 

Date of notification of decision of Local 
Government Board to — 

19. {a) Claimant, or Pensioner, or other Ap- 

pellant. 

20. (b) Pension Officer. 



1 7© 

21. Amount of Pension and date on which Pension 

becomes payable. 

22. Date on which documents relating to claim or question 

sent to Pension Officer. 

23. Remarks, e,g. : note of disqualification or death of 

Pensioner, or reference to any later entry relating 
to the same person. 



Given under the Seal of Office of the Local Govern- 
ment Board, this Twenty-eighth day of August, in 
the year One thousand nine hundred and eight. 

(L.s.) JOHN BURNS, 

President. 

S. B. PROVIS, 

Secretary. 



Note. 



, The Local Government Boards of Scodand and Ireland . ^ave 
issued Orders prescribing a similar Form of Register. 



lyi 



APPENDIX F. 

THE OLD-AGE PENSIONS ACT, 1908. 

MEMORANDUM 

Pop the Information of Persons desiring to make Claims 
for Pensions. 



I . Under this Act old-age pensions may be claimed 
both by men and women, whether married or single, and 
this Memorandum must be read as applying to women as 
well as men. To be eligible for a pension a person must 
comply with the following conditions : — 



Conditions. 

(i) He must- have attained the age of 70. He should 
be in a position to produce evidence of his age when called 
upon. The best evidence would probably be a certificate 
of birth. If that is not available a certificate of baptism, 
a certificate of marriage if the age is shown on it, or any 
other certificate or formal document, duly dated, which 
will afford independent testimony of the claimant's age, 
should be procured if possible. 

■■ ■ , ■ ■ J 

(2) The claimant will have to satisfy the pension 

authorities that for at least 20 years previously he has 
been a British subject, and has resided in England, 
Scotland, or Ireland.. ;: .:. .:-..' 



172 

Temporary absences during these 20 years will not 
disqualify in the following cases : — 

(a) If before the absence the claimant was living in 

one of these countries, and throughout his 
absence was employed in the service of the 
Crown as a soldier, sailor, or otherwise, or was 
in the service of anyone so employed. 

(b) If before the absence he was living in England, 

Scotland or Ireland and throughout the 
absence was serving on board a vessel regis- 
tered in one of these countries ; or 

(c) if throughout the absence his home was in Eng- 

land, Scotland jt Ireland. In this last case, 
the total amount of absence during the pre- 
ceding 20 years must not exceed 8 years. 

The claimant should be ready to give as closely as 
possible the actual dates of any absences during these 
20 years. 

(3) The claimant must satisfy the pension authorities 
that his yearly means as calculated under the Act do not 
exceed j£$i los. 

In calculating the means of the claimant regard must 
be had not only to actual income in cash, but to the yearly 
value of advantages derived from the use or enjoyment 
of property, and the yearly value of any benefit or privi- 
lege enjoyed by the claimant. Similarly the yearly value 
of money hoarded or property not profitably used is to be 
considered. 

The means of one of a married couple living together 
in the same house are not to be taken to be less than half 
the total means of the couple. 



173 
Disqualifications. 

2. Besides satisfying the conditions mentioned above, 
a claimant for a pension must not be subject to any of the 
disqualifications laid down by the Act. The following 
classes of persons are disqualified : — 

(i) Persons who are in receipt of poor relief or who 
have received poor relief at any time since the ist of 
January, 1908. Poor relief for this purpose means any 
relief received through the Poor Law authorities other 
than the following : — 

(a) Medical or surgical assistance (including food or 

comforts) supplied by or on the recommenda- 
tion of the medical officer; 

(b) Relief given by means of the maintenance of any 

dependant of the applicant in a lunatic 
asylum, infirmary, or hospital, or the payment 
towards the burial expenses of a dependant ; 

(c) Any relief which by law is expressly declared not 

to be a disqualification for registration as a 
parliamentary elector or a reason for depriving 
any person of any franchise, right, or privi- 
lege. 

(2) Persons who have habitually failed to work accord- 
ing to their ability, opportunity, and need, for the main- 
tenance or benefit of themselves, and those legally depen- 
dent upon them. 

(3) Persons who are detained in lunatic asylums, or are 
maintained in any place as pauper or criminal lunatics. 

(4) Persons who have within the preceding 10 years 
been convicted of an offence and ordered to be imprisoned 
without the option of a fine or to suffer any greater punish- 
ment. The period of 10 years dates from the time when 
the person was released from prison. 



174 

(5) Persons over 60 who have been ordered to be 
detained under the Inebriates Act, 1898, and who are 
disqualified by the court which makes the detention order. 

3. In order to save trouble and disappointment intend- 
ing claimants for pensions should make quite sure, first, 
that they satisfy the conditions mentioned above, and next 
that they are not subject to any of the disqualifications. 



Procedure for Making Claims. 

4. The first pensions will be payable at the beginning 
of January, 1909, but claims may be made before that 
time, and it is desirable that they should be made early, 
so as to allow as much time as possible for their being 
considered and determined. Claims for pension can only 
b^ made by filling up prescribed forms, which it is 
expected will be ready by the end of September, and can 
then be obtained at any post office. They cannot be made 
by writing to the pension committee or the pension officer 
or the Local Government Board, or in any other way. 
Any person who will be over 70 on the ist of January 
next, and who is otherwise eligible, will be entitled to 
make a claim if he wishes to do so. Persons who will 
become 70 at later dates, and who are otherwise eligible, 
may make their claims within four months before reaching 
the age of 70. 

5. Each pensioner's pension will be payable only at one 
particular post office to be selected at the time the claim 
is made. The claimant should, therefore, settle at which 
post office he wishes his pension to be paid, assuming that 
it is granted. On application at the post office, after the 
^id of September, he will be able to procure a form of 
claim without payment, and if he wishes it, assistance 
will; be given at the post office to enable him to fill it up 
properly. . The form will require the claimant to state 



175 

full name and postal address, occupation, sex, whether 
single or married, widower or widow, age, date of birth 
and place where born, whether the claimant is a British 
subject and has lived for 20 years in the United Kingdom, 
and certain particulars as to his means. He will have to* 
sign the form, or, if he cannot write, make his mark, and 
his signature or mark will have to be witnessed by some 
other person who will also sign his name. When the form 
is filled up it should be handed in at the post office at. 
which the claimant wishes the pension to be paid. 

6. In due course the claimant will be visited by the- 
pension officer attached to the district in which he resides. 
The pension officer will ask various questions for the pur- 
pose of ascertaining accurately whether all the conditions - 
for a pension are fulfilled, and whether the claimant is 
or is not subject to any disqualification. In particular, 
he will have to obtain detailed information as to the yearly 
means of the claimant. 

It is necessary that the yearly means, if between J[^2\ 
and ;^3i los., should be accurately ascertained, since the 
amount of the pension in cases where the claimant is other- 
wise eligible, will depend on the amount of yearly means. 

7. * If the yearly means do not exceed £,2\, the pension 
will be at the rate of 5s. a week. 

If the yearly means exceed £,2\, but do not exceed 
^23 I2S. 6d., the pension will be at the rate of 4s. a 
week. 

If the yearly means exceed £^27^ 12s. 6d., but do not 
exceed ;^26 5s., the pension will be at the rate of 3s. a 
week. 

If the yearly means exceed J[^26 5s., but do not exceed. 
;^28 17s. 6d., the pension will be at the rate of 2s. a 
week. 



176 

If the yearly means exceed ^£28 17s. 6d., but do not 
exceed j£^i los., the pension will be at the rate of is. a 
week. 

No pension will be payable if the yearly means exceed 
£3^ lOS. 

8. It will not be necessary to append a birth certificate 
or other evidence of age to the form of claim itself, 
but these should be shown to the pension officer when he 
visits the claimant. Both in filling up the form and in 
supplying information to the pension officer the claimant 
must be careful to give complete and true answers. Any 
false statement or false representation knowingly made 
will render the claimant liable to six months imprisonment 
with hard labour. 

9. When the pension officer has obtained all such infor- 
mation as he can about any claim, he will make a report 
upon it to the local pension committee or sub-committee. 
In the rest of this Memorandum, this body, whether a 
committee or sub-committee, is referred to as the com- 
mittee. 

10. The committee on receiving the report from the 
pension officer will consider the claim, together with, the 
report of the pension officer, and a notice will in due 
course be sent to the claimant by the clerk of the com- 
mittee informing him of the decision of the committee 
upon the claim. Before the committee decide adversely 
to any claimant, they are required to give him an oppor 
tunity of being heard. 

Appeals against Decisions of Committee. 

11. When the committee have allowed a claim for a 
pension, it is open to the pension officer, if he considers 
that the claimant is not eligible for a pension or that the 



177 

decision is otherwise wrong, to appeal to the Local 
Government Board within seven days. In that case the 
claim will have to be finally determined by the Board. A 
notice will be sent to the claimant if an appeal is made, 
and he will be informed of the final decision on the claim 



12. If the committee disallow a claim it is open to the 
claimant to appeal from their decision to the Local 
Government Board, but there will be no advantage in his 
doing so unless he can produce evidence to show that the 
decision of the committee was wrong. It must be under- 
stood that there is no power in the committee or in the 
Local Government Board to dispense with any of the 
requirements of the Act of Parliament, or to exempt any- 
one from disqualification, or to remove any of the con- 
ditions which Parliament has imposed. If therefore a 
claim has been disallowed on the ground that the claimant 
does not fulfil one of the statutory conditions or is dis- 
qualified — for example through having received poor relief 
since the ist of January, 1908 — there is no use in his 
making an appeal unless he is in a position to show that 
the condition is fulfilled or that he is not disqualified. 

13. If the claimant can show that the decision of the 
committee is wrong, he can appeal in the following way. 
He must obtain from the clerk of the committee two 
special forms (one blue and the other yellow) which will 
have to be filled up, folded and posted, the blue one to 
the Local Government Board and the yellow one to the 
committee. They need not be stamped. The committee 
on receiving the form will send all the documents relating 
to the claim to the Local Government Board, who will 
have to decide on the appeal. It is important to notice 
that an appeal must be made within seven days after the 
claimant receives notice from the committee that his clainr 
has been disallowed. 



178 

Issue of Pension Order. 

14. When a claim has been finally allowed, the pension 
officer will supply the claimant with a book of pension 
orders which will be payable week by week at the post 
office named in the claim. 

Infirm and Invalid Claimants. 

15. Claimants who are too infirm or ill to attend at the 
post office for the purpose of obtaining a form of claim 
or to attend when summoned before the committee, may 
send someone else to get the form or to represent them. 
The form of claim must, however, be signed by the 
claimant, or if he cannot write he must mark it with a 
cross. The contents should be explained to him in all 
cases in which he is unable to fill up or supply the answers- 
himself. 

Local Government Board, 
September, 1908. 

Note. 

The Local Government Boards of Scotland and Ireland 
have issued similar Memoranda. In the case of that for 
Scotland the following has been added to clause 1(1) : — 

"Arrangements have been made with a view of saving claimants- 
for old-age pensions from the expense of obtaining certificates of 
their birth or baptism for the purpose of proving their ages. Under 
these arrangements in the case of any claimgint bom in Scotland 
whose birth or baptism may have been recorded in the old parochial 
registers now in the custody of the Registrar- General, if the precise 
date and place (parish or town) are entered on the form of claim 
accompanied by a note of the parentage, the pension officer, or 
other duly authorised officer of the Inland Revenue, will be given 
access to such registers with the- object of verifying these particulars,, 
if possible, without expense to the claimant. 

If the claimant happens to possess a copy of his birth certificate- 
or other evidence of age he will, of course, produce it to the pension 
officer." 



179 



INDEX. 



The References in this Index are as follows : — A. means Act 
of 1908; R. means Old-Age Pensions Regulations ; F.I. means 
Financial Instructions in Treasury Minute. 



Absence from United Kingdom 

Accounts 

Adjournment 

Advances of Money for expenses 



Age, evidence as to 

limit 

Aliens 

Alms as a disqualification 

Appeal 

— ' Procedure of L.G.B. . . 

Assignment of Pension Void 



PAGE 
5 

R. 25, F.I. 8, 9 47, 137 

R. 1*4 38 

R. 25 46 

F.I. 8,9 137 

3» 70 

xix 

8 

2 

A. 7, R. 18, 20, 41 

R. 19 41 

A. 6 19 



Bankruptcy of Pensioner A. 6 20 

Borough in Ireland under 10,000 
Population, included in County 
Area A. 11 (2) 29 



i8o 



British Subject, Pensioner must be... 

Burgh in Scotland, application of Act 

to 

Burial Expenses 

Calculation of Means 

Casting Vote of Chairman ... 

Central Pension Authority ... 

Certificate of Birth 

Chairman of Committee, appoint- 
ment 

Channel Islands, Residence in 

Chaplin Committee ... 

Children of Naturalized Subjects ... 

Claim ^ 

Consideration of 

Claimant may be heard by Com- 
mittee ... 

Clerk, Appointment by Committee . . 

— ; — of Appointing Council, Duties 

Committee, Appointment ... 

Conviction, Disqualification by 

Correspondence, with Treasury 

Cost of Pension Schemes 





PAGE 




2,7, n 




29 




lO 




15 


R. 21 (6) 


44 


A. 8 (3) 


24 




3 


R. 21 (5) 


44 




5 




xix 




i66 


R. 6 


34 


R. 14 


38 


R. 14 


38 


R. 23 


45 


F.I. 


134-138 




23» 53 


A. 3 (2) 


11 


F.I. lo 


138 


see Introduction 


xix • 



Deaths, Returns as to ... ... R. 28 48 

Decision of Committee, when final... A 7 (2) 21 

Defects in Proceedings R. 21 (7) 44 

Delegation of Powers A. 8 (2), R. 24 (i) 23, 46 



i8i 



Determination of Claims and Ques- 
tions A. 7 20 

Disability ... ... ... ... 2 

Disqualification ... 9 

not removed by repay- 
ment of Poor Relief 13 

District, Definition of 31 

Evidence R. 14, 26, Sch. 2 39, 48, 70 

Expenses of Claimants not Chargeable F.I. 7 137 

Committees ... A. 10, R. 25 (2) 27,47 

Councils ... R. 25 (3;, F.I. 9 47, 137 

Members not Chargeable F.I. 6 136 

False Statements by Claimant ... A. 9 25 
Forms, Supply of, to Claimants ... R. 6 (2) 34 
to Pension Com- 
mittees ... F.I. 5 136 

Franchise ... A. i (4) i 

not lost by receipt of 

Pension i 

Friendly Society A. 3 , R. 30 10,50 

Furniture considered as Means ... 6 

Hanoverians, Position of * 7 

Hire of Room R.22(3), F.I.4 44,136 

Hoarded Money ... 6 

Hospital, Maintenance in 10 

Imprisonment u 

Income, Calculation 15 

Inebriates' Act, Order under ... 11 



t82 



Inquiry by L.G.B ... R. 19 (i) 

Interpretation of Regulations 
Ireland, Local Authorities in 
Isle of Man, Residence in . . . 

Married Couples A.3(i)(b),4(2) 

Women, Position of 

Means, Calculation of 

of Married Couple 

Medical Assistance 

Meeting, Adjournment 

Provisions as to first 

Membership of Committee R. 2 1 

Memorandum of Local Government 

Board, as to making Claims • ... 

Mode of paying Pensions 

Nationality, Proof of 

Naturalization 

Notice of Allowance of Claim to be 
sent to Claimant 

Appeal ... 

Appointment of Clerk 

• Committee 

Decision of Claim 

Meeting to Pension Officer 



Notices, Service of 

Offices, Charges for use of 

Old-Age Pension Schemes, considered 
by Royal Commission 

Order of Proceedings 



R. 13, 14 
R. 18 
R. 23 (4) 
R. 36 (4) 
R. 19 
R. 12 
R.4 



PAGE 
41 
31 

29i 147 
5 

10, 16, 18 

154 

15 
17,18 

9, 12, 13 
38 
53 
43 

171 
19 

7 

8, 148 

38 
41 
46 

54 
41 
37 
34 



F.L4 136 



xin 

XXX 



i83 



Parliament, Proceedings on Old- 

Age Pensions Bill 

Parochial Relief 

Pauper, whether relief to Wife, 

disqualifies her ... 

Pension Authority 

cannot be assigned or charged 

How Calculated 

How Paid 

Officer, Definition of 



Orders 



to be supplied in Books 

Scheme not experimental . . . 

Payable from ist Jan., 1909 . 

Pensioner, Definition of 

Person aggrieved 

Poor Law Officers, Duties as to Relief 

Relief 

Postmaster, Duties of 

Proceedings of Committee,. Regula- 
tions as to 

Property, Hoarded Money, Furniture 

Questions, Determination of, by 
Pension Committee 

Quorum 

Rate of Pension 

Records of Claims to be kept by Clerk 





12 




13 


A. 8 (5) 


24 




19 




h 18, 30 


A. 5 


19,52 




31 


:>, 35» 36, 37, 


40, 


41, 53, 54, 71 




19 


R. 32 


52 




2 


A. 12 


30 




31 




23 


R.35 


22,53 


A. 3 (i) (a) 


9,12 


R. 6 


34 


R. 21 (2) 


43 




6 


•A. 7, R. 17 


20,39 


R. 21 (2) 


43 


R. 15 


39 




45, 167 



i84 



Register of Claims and Questions, 




Form of 


168 


Registrar of Births and Deaths, 




Duties as to Returns 


48 


Relief to Dependant 


10 


Removal of Member of Committee... R. 21 (3) 


43 


r\f Ppn^innpr 1? t t tf\ 


52 
I 46, 134 


Remuneration of Clerk R. 23 (5), F.I. 


Repayment of Relief. . . 


13 


Residence ... A. 2 (2), R. 29 


2, 4, 49 


Scilly Isles 


29 


Scotland, Local Authorities in 


29, 143 


Sliding Scale 


9,30 



Statistics as to persons eligible for 

Pension ...see Introduction xiv 

Statutory Conditions 2 

Sub-Committee, Appointment and 

Area of A. 8 (2), R. 24 23,46 

Surgical Assistance 10 



Term of Office of Member of Com- 
mittee R. 21 (3) 43 

Trade Union .. A. 3 (i) (b), R. 30 10,50 

Treasury, Lords Commissioners of. 

Powers of 19, 26, 35, 37, 47, 49, 54